Legal Question in Employment Law in California

Is it wrongful termination

My sister's employer has backed her into a corner; She has asked my sister to commit verbally to staying with the company for an extended period of time (undefined). The job is not a well paying one and my Sister having just completed an MFA believes that she is worth more than the $10 or $11 an hour she's being paid. All of her reviews until now have been good reviews. Her boss has however painted her into this corner of verbally agreeing to stay with the company - My sister said that ''with the amnout of money I'm being paid I don--name removed--think I can make that commitment.'' Now her boss has started looking for her replacement and is bad mouthing her (calling her unprofessional and saying that she (my sister) doesn--name removed--want to take orders from a black woman (her boss). It's created a hostile workplace to be sure. She has instructed my sister that she will have to train her replacement (implying that when training is done she will be fired of course).

Legally - where does this leave my sister with regards to her options. If she is fired in this way will she at least be able to collect unemployment benefits?

Obvoiusly she'd like to quit today but her financial situation doesn--name removed--allow it.


Asked on 8/20/05, 9:51 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Is it wrongful termination

Unemployment if payable unless the employee quits or is fired for misconduct. She should complain to HR about the harassment.

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Answered on 8/24/05, 10:05 pm
Patrick Turner Patrick E. Turner Inc. APLC

Re: Is it wrongful termination

If your sister is terminated under these circumstances, she will more than likely be able to collect unemployment. However, if she quits she will give up that right. It is not uncommon for an employer to want to feel that its employees are "committed" and "loyal," and to consider replacing employees that appear to lack commitment. However, the adverse treatment your sister is experiencing is unprofessional, and may border on illegal discrimination. Your sister should consider bringing the issue to management's attention while she can.

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Answered on 8/24/05, 10:26 pm


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