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OT: legal question
- Thread starter hounddogs
- Start date
FitnessGoddess
Cathlete
A little help, not much hope.
You should call an employment attorney. They will be able to answer that for you.
The problem is that so many states are not "employment at will" states. That means your employer has the right to terminate you if they want to for ANY cause. I believe California is one of those states.
If your employer had an employee handbook, the very first page should have a statement to that effect. It will read something along the lines of "this handbook is not a guarantee of employment. As an at will employee, your employment may end with or without cause at any time." There should also be a section that outlines the progressive disciplinary actions that are supposed to be followed leading up to and including termination of employment. However, if CA is an at will state, they do not have to follow these guidelines.
NJ is an at will state, I had a good performance appraisal in March. In October I was asked to resign being told my performance was not up to my directors expectations. I was not given the progressive disciplinary actions outlined in the handbook. I contacted an attorney (one with a great reputation), she told me, sorry, employment at will means suck it up & move on. It really sucks.
Good luck.
You should call an employment attorney. They will be able to answer that for you.
The problem is that so many states are not "employment at will" states. That means your employer has the right to terminate you if they want to for ANY cause. I believe California is one of those states.
If your employer had an employee handbook, the very first page should have a statement to that effect. It will read something along the lines of "this handbook is not a guarantee of employment. As an at will employee, your employment may end with or without cause at any time." There should also be a section that outlines the progressive disciplinary actions that are supposed to be followed leading up to and including termination of employment. However, if CA is an at will state, they do not have to follow these guidelines.
NJ is an at will state, I had a good performance appraisal in March. In October I was asked to resign being told my performance was not up to my directors expectations. I was not given the progressive disciplinary actions outlined in the handbook. I contacted an attorney (one with a great reputation), she told me, sorry, employment at will means suck it up & move on. It really sucks.
Good luck.
Ann - I am an attorney in another state and so cannot give you legal advice regarding a California suit. However, it has been my personal experience in researching California law that most employment claims seem to have a statute of limitations of one year. The easiest and most reliable way to find out is to call a reputable attorney in your area. The initial consultation should be free and can serve to determine whether you have a claim. Failing that, you can do a general GOOGLE search for the phrases "wrongful termination" "statute of limitations" and California.
Good luck.
Katie
Good luck.
Katie
Katie and Deborah:
Thanks so much for your replies. In spite of California being an at-will state, the state labor commissioner made the determination that I was fired illegally back in 2000, because I was fired for a "protected activity", in this case, discussing wages with another employee. However, there are no punitive damages awarded, so my boss had only to offer to reinstate me (no, thank you, I'd rather not work for a fascist if I don't have to) and pay me lost wages, which wasn't much because I got another job right away. I figured the statute would have run out, but was just wondering if maybe because the labor commissioner took so long in dealing with my case that it might be extended.
There is some satisfaction in knowing that even though she could have fired me for not liking the color of my socks she chose to do so for an illegal reason and had to put up a notice in her building for six months saying she had done so.
Deborah, that's terrible what happened to you. It seems the at-will mentality, although on paper is supposed to benefit both employer and employee, in our system serves mostly the employer. Workers are little more than a labor commodity, to be looked upon like any other inanimate business expense.
Thanks again.
--Ann
Thanks so much for your replies. In spite of California being an at-will state, the state labor commissioner made the determination that I was fired illegally back in 2000, because I was fired for a "protected activity", in this case, discussing wages with another employee. However, there are no punitive damages awarded, so my boss had only to offer to reinstate me (no, thank you, I'd rather not work for a fascist if I don't have to) and pay me lost wages, which wasn't much because I got another job right away. I figured the statute would have run out, but was just wondering if maybe because the labor commissioner took so long in dealing with my case that it might be extended.
There is some satisfaction in knowing that even though she could have fired me for not liking the color of my socks she chose to do so for an illegal reason and had to put up a notice in her building for six months saying she had done so.
Deborah, that's terrible what happened to you. It seems the at-will mentality, although on paper is supposed to benefit both employer and employee, in our system serves mostly the employer. Workers are little more than a labor commodity, to be looked upon like any other inanimate business expense.
Thanks again.
--Ann