Legal Question in Employment Law in California
wrongful termination
my daughter was fired from a job over the phone during the evening hours while at home (after her work day was completed). When She called her employer to ask why? what happened? No explanations were offered. No excuses given other than they did not want her to return the next day. My daughter told them that she would be in to collect her personal belongings; they told her NO, and that they would mail everything to an office closer to home and they inturn would forward all her belongings. Is this correct and proper firing standards for a Court House? Ps. They also told her to not ever come their again without any further explaination...Linda
What can we/ she do to correct this and clear her name? and , is there anything we can do find out the reason behind this mess and if we have a case???
2 Answers from Attorneys
Re: wrongful termination
Without knowing more it is impossible to answer your questions.
Generally speaking, most employers do not need a reason to fire someone, as employment is presumed to be terminable at the will of either party. This means, with or without cause.
The exceptions to this would include employees who are subject to a private contract or a collective bargaining agreement. Also, employers cannot fire employees for reasons that are prohibited by law.
If your daughter believes she is subject to some form of an employment contract that limits an employer's ability to terminate her or that her termination was motivated by an unlawful reason, she should consult with an experienced employment law attorney to find out more about her rights. There are various time limits that apply, so she should do so quickly.
Re: wrongful termination
You mention a courthouse. If your daughter was employed at a courthouse, she might be part of a collective bargaining unit. In that case, she could file a grievance with her union.
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