Legal Question in Employment Law in California

Wrongfull termination from work?I submitted a vacation request form at work more than 30 days in advance as company rules call for and was told by my super that the owner verbally said I could have it, dident see a problem with it, you have to pick a first choice and a second choice,they said I would be getting the second choice which I did not want, but agreed to.four days before I was to leave on vacation super told me they denied my vacation.I told him that I already had made plans and to explain this to her as she is a partner owner with her husband.Still I was denied,so my last day there before I was supposed to leave I asked my super to talk with the husband and he did and my super then told me I could have it,but to talk with me about a couple of things which he did and it was all good,also at this time told my super about an injury I had few days earlier working on a machine.When it was about 5 minutes before I was to punch out my super came back and said my vacation was now denied by the owner husband,I quicklly asked to speak with him and them about this to try and resolve issue as I felt I had no choice but to quit,I was upset at this point.My super said they did not want to talk to me,that they would call me and let me know that tuesday as it was a holiday weekend,tuesday I went to a chiropractor and he gave me 2 days off work note.So when work called tuesday my super said they were taking it as I had quit job and that my final check would be ready that following day.So I went and picked up my check and they wanted me to sign resignation papers but I did not sign anything.They also did not want my off work note.I have filed a workmans comp claim form with some attorneys.I am now wondering if this can be a case of wrongfull termination, and or disscrimination on the vacation thing?I only said I quit to my super and the owners never tried to speak with me directlly before I left that last friday 12/30/11.


Asked on 1/10/12, 3:58 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Not only are there no laws against 'unfair treatment' or poor management, but in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, unless it is based upon illegal discrimination, harassment or retaliation as defined under the ADA [disability], Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], FMLA [medical leave], Whistle-blower, or similar statutes. You have not stated a case of discrimination or retaliation with those facts of 'unfair firing'. Any employee's goal should be to keep their supervisors happy and make them look good to the company, and make the company money. That�s how the company pays employee wages. If you don't, then don't be surprised to be replaced.

Now if the conduct was illegal under the above definitions, feel free to contact me for the legal help you�ll need.

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Answered on 1/10/12, 6:36 pm


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