Legal Question in Employment Law in California
I worked as a PC technician for Staples Inc. For 3 months they have been pulling every excuse they could to give them an excuse to write me up. Then when i prove them wrong they change the reason completely. In this store their is 3 people who also do Tech work and It gets taxing to try and keep track of everything they do. It takes me over an hour to get them to give me a heads up.
I was fired for "Misleading customers" No proof was givin. They changed the reason to "a letter from an employee" stating I was, When i asked for proof they denied me proof, and they basically denied me all information as to why and who. They put me on investigation for 2 days before termination. When they fired me the prime reason was because the 2 model numbers didnt match up. When the computer was intaken the model number was writtin wrong. When the computer was run through an Analyzer it came up different, and that was HR's reason. When i argued my point to my manager he told me "Oh well.. your terminated Deal with it" I again asked for proof saying that what they say is true. They denied me proof, I asked for a copy of my file, they again denied.
How should I approach this?
2 Answers from Attorneys
The real question that needs to be addressed, is why was this employer trying to fire you? If the motivating reason is one the the law forbids, you may have grounds for wrongful termination. Most retail businesses enjoy an "at-will" relationship with their employees, which means they can fire employees for any reason that is not unlawful. It won't help you if you can just prove there was no just cause. You must prove the reason you were harassed or fired was unlawful.
Employers do not have to provide a copy of an employee's entire personnel file, but that do have to allow you to review it, under California Labor Code, section 1198.5. They also have to give you copies of employment related documents you have signed, such as employment contracts, performance reviews and warnings. And they do not have to allow you to have or see documents relating to an internal investigation.
If you believe the reason you were fired was unlawful, have your case reviewed by an experienced employment law attorney in your area.
How should you approach this?
By seeking new employment. You're demanding things you have no 'right' to, and making a real nuisance of yourself. The only documents you are 'entitled' to is a copy of anything you signed. In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause� or explanation, other than for illegal discrimination or retaliation under the Discrimination, Civil Rights, or Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.
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