Legal Question in Employment Law in California
Wrongful termination
I was recently terminated from my serving job at a restaurant which is part of a large corporation. I am looking for possible litigation against this company. I was fired for an incident that did not effect any guests or other employees. I was simply venting in the kitchen(away from guests) about an incident that took place with a rude guest. I was terminated for creating a hostile work environment and distrupting guests, however there were no guest or employee complaints. In fact, many employees weren't even aware this incident took place, and the few that were in the kitchen cannot understand the reason for termination. I believe one of the reasons I was fired was because I recently witnessed a manager's inappropriate behavior that is grounds for termination. I think this was their way of trying to silence me. Please let me know if I may have a case and where I could attain legal representation.
2 Answers from Attorneys
Re: Wrongful termination
In California, you may be terminated for any reason or no reason at all, so long as you're not terminated for discriminatory reasons or for whistleblowing about illegal or improper activities. Also, you can only be terminated for good cause if there's a written or implied contract to that effect.
If you witnessed inappropriate behavior by the manager and reported it to someone else, then you might have a whistle-blowing claim. More information is required.
Re: Wrongful termination
You appear from your writing an intelligent, observant and well reasoned person.
Answer: From your account of the facts, and in specific response to your question, yes; you "have a case". (But remember there are at least two opposing sides/interpretations of the facts). Your beleif, and objective considerations will determine your conviction to challenge your employer. I have been a corporate officer in charge of formulating and enforcing company policies (for an U.S. based international Fortune 500 Company) and sensitive to the pratical considerations and political internal acumen in employment litigation matters. As an attorney, for 25 years in the Los Angeles area I have of course taken part in the legal aspects. There is no need, in my opinion, to tell you what you already know- theat, again according to your account, you cannot be lawfully terminated in this instance for a variety of legal basis. Corporations have significant assets to endure challenges such as yours. You must be convinced as you appear, and more so, predisposed to see the vindication of your legal rights through to (hopefully) a justifiable, if not rewarding, conclusion. Representation can available, of course. Good luck.
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