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View Full Version : Termination rights California


visa00
07-06-2006, 01:11 AM
I was a store manager for a major auto parts company. I was recently (July 5th, 2006) terminated. I wasn't given a reason why, and nobody will talk to me. I recently (2 months ago) terminated a female employee for attendance problems, after the change of employee relationship to the company she alleged sexual harasment against me. A member of HR visited me and asked some questions about the situation, and concluded in the end I had nothing to worry about. I have a feeling this is why i was terminated but again i was given no reason. I was told i had to sign a termination notice that only stated "unprofessional behavoir" & "behavior dextramental to ____". I have only reieved 1 write up for job performance because i failed a store audit. The write up i recieved was only a warning, but nothing to be fired for. A co worker from a different store got a lower score on his store audit and only got a write up as well. i have done nothing unproffesional, and there is no documentation against myself by the company for any wrong doing. I have taken the store to a 5% increase in sales for the year, increased customer count, and average ticket, I was also #1 in the district of 10 stores & #3 in the region of 92 stores in a 4 month long contest. I want to know what i can do about this. I feel like i have been unfairly terminated.

Pattymd
07-06-2006, 04:54 AM
Unfairly, maybe. However, illegally? I really don't see any indication of that. Neither of the two reasons they gave you would give rise to a wrongful termination case, because neither of them are illegal. Just because the complaint may not have risen to the level of sexual harrassment under the law doesn't mean the employer's investigation did not reveal inappropriate behavior which would be "detrimental" to the employer's reputation. I'm not saying this happened, because I'm not privy to the details of the incident(s) and investigation. But it's not impossible.

A "wrongful termination" under the law requires the employer to have violated a law that prohibits them from terminating you for that reason. It would not be illegal for them to terminate you if you were accused of SH, no matter what the investigation found.

If there are other details you haven't shared, I'd be willing to revisit my answer, though.

joe916
07-06-2006, 08:49 AM
I was told i had to sign a termination notice that only stated "unprofessional behavoir" & "behavior dextramental to ____".

Sounds suspicious to me. I would NOT sign it. You would, in essence, be admitting to the behavior. It offers nothing and would only serve to protect the company.

Megan Ross Hutchins
07-07-2006, 09:40 AM
You would not be admitting that you agreed with the behavior that they listed occured- you would be admitting that you saw that form. Refusing to sign documents like that tends to make you look combative.

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