Legal Question in Employment Law in California
wrongful termination?
Do I have a case for loss of salary if I was terminated because of ''my performance did not meet expectations''? What is the difference between ''terminating at will'' and ''terminating with cause'' and what are my rights as the employee terminated? I was terminated during the 90-day probationary period, however, I was never given any warning that I was not performing to the employers expectations even though a midway meeting was held. I can argue that I did perform the tasks I was hired to do and in fact was told on several occasions by the employers how pleased they were with my work. I can also argue that I did nothing to warrant being terminated.
1 Answer from Attorneys
Re: wrongful termination?
The law presumes that all employees without a contract for a specific period of time are "at will", meaning they can be terminated for a good reason or no reason. Employees, however, can not be terminated for an illegal reason such as discrimination based upon a category such as race, gender, disability. They also cannot be terminated in violation of public policy such as whistle-blowing or exercising a statutory right. If you believe you may have been terminated for one of these latter reasons, feel free to call me at 805/641-6600.
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