Legal Question in Employment Law in California

I was working for a small recruiting company (they recruited lawyers to various law firms, it was a small company - 3 employees) and the boss asked me to remove her bad reviews from Yelp. I was not able to achieve this, as it is against Yelp policy. After not accomplishing this request, I was given less and less work. After three days in a row of not working I contacted my boss letting her know that if this was her choice, I should have been told ahead of time that my hours would be cut and that the situation could have been handled more professionally. When I contacted her a day later to ask the status of my job, she told me that I no longer had a job because of my "insubordination (verbal abuse)." I believe I was not insubordinate, nor did I verbally abuse her (she claims that by me saying the situation could have been handled more professionally that I called her unprofessional). Basically, I think I was unfairly fired and I would like to know if I have a case against her.


Asked on 4/04/11, 9:57 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

There are no laws against 'unfair treatment' or poor management. 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�, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy and make the company money. That�s how they pay your wages. That it was not 'possible' for you to achieve their desired goal doesn't make the firing illegal.

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Answered on 4/04/11, 12:55 pm

The short version of Mr. Nelson's correct answer is that there is no law against unfair firing, only against discrimination or certain forms of retaliation based on specific statutes. The only place where the fairness of a firing comes into play is if the employer contests an unemployment claim. They can only fire you "for cause" and thereby avoid a UI claim, if the cause was objectively reasonable "just cause." Unfair firing will not avoid the employer having to pay for the UI.

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Answered on 4/04/11, 1:20 pm


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