Legal Question in Employment Law in California
wrongful Termination
I was employed by a mortgage company as loan consultant. Today I called in sick. An hour later my manager called me and said I am terminated from my employment. Reason given to me was that I did loan for a client and it came back.
I would like to know if that is appropriate for an employer to terminate an employee without counselling them or writing them up.
3 Answers from Attorneys
Re: wrongful Termination
If you're entitled to take sick leave (the company has a sick leave policy and you have not exhausted your leave) the termination could be illegal -- as a breach of the employer's policies -- thereby, a "breach of the covenant of good faith and fair dealing" The "at-will" doctrine is modified some by the notion that employers still have to follow their policies -- if they promise their employees sick leave, they can't fire employees for taking that leave (the case to read for attorneys who seem a bit misled on the notion of "at-will" employment is the recent Supreme Court case of Guz v. Bechtel.)
Re: wrongful Termination
Out firm is not handling such cases presently, yet I wonder if you were paid as a salaried (Exempt) employee. If so, it may be that you are entitled to a substantial amount of overtime pay. Please feel free to call me at (510) 891-9800 to discuss this issue.
Re: wrongful Termination
If I read between the lines, it seems you have doubts as to the cause of your termination, and believe it is because of your having called in sick. Nevertheless, in California a person is an at-will employee and may be fired at any time, except for illegal reasons (discrimination, whistle-blowing, etc.), or if the person has a contract for a term of employment. If there's more than you have related, feel free to drop me a line.