Legal Question in Employment Law in California
Wrongful termination?
I am a Sr. Director of Product Management at a software company. A week ago my manager told me that he had decided to replace me with another individual from within the company. The reason given was that my performance wasn�t up to par. My current mgr has been my mgr for only 6 months. I have worked at this company for 6 yrs and always received very good reviews from my past mgrs. I have been promoted from Group Product Mgr to Director to Sr. Director.
My manager didn�t give me any prior verbal/written performance review during past 6 months indicating my performance wasn�t meeting expectations. The first formal conversation was last week after he had decided to make a change. I get very good feedback from peers, my reports, and cross-functional leaders. My products achieved 110% of plan in Q3 and 90% of plan in Q4.
I�m told April 30 is my last day. I will be given standard severance package based on yrs of employment - approx 14-15 wks salary. HR says California is At-will state and it is difficult to put sr. staff through standard performance improvement process. QUESTION � Despite being at-will employment, do I have a wrongful termination case? Can I ask for a non-std severance package more than the 14-15 weeks? Age 40.5
3 Answers from Attorneys
Re: Wrongful termination?
If you feel you were discriminated on bases of sex, age, race, etc. or any other unlawful reason then you may make a claim with the DFEH. Contact me directly.
Re: Wrongful termination?
Your employer may have lied to you about being let go for performance reasons. They often do that because they don't want to tell you the real reason. The real reason may be as simple as your boss likes your replacement better.
As an at-will employee, you can be let go for any reason or no reason, even an unfair reason. But you cannot be terminated for an unlawful one. If you believe the real reason you were terminated was unlawful, consult with an employment law attorney to discuss the facts in more detail.
Re: Wrongful termination?
It appears as though you may have some legal issues. Please contact us for a consultation.
Kay Tuazon
www.cooperlawoffice.com
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
