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I just got fired... California

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  • I just got fired... California

    earlier today, over the phone. My sister is driving me nuts looking up labor laws & such so I went online to look too & found this board.

    After working over 8 years @ my job the manager fired me today over the phone & when asked why she said she didn't want to get into any "specifics", that they've decided to use their "at will employment clause" & let me go because my performance in general has deteriorated over the last few months...that's about as specific as she got.

    Any suggestions? Comments? Questions?
    Last edited by Memoria; 12-19-2008, 02:52 PM. Reason: added some extra info

  • #2
    Yes file for unemployment and seek new work
    http://www.parentnook.com/forum/

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    • #3
      That's it?
      Do they have to give me a reason for firing me?

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      • #4
        No they do not. In fact they told you that. Google "at will". In short it says an employer or employee may terminate their relationship at any time for any or no reason with or without notice. The exceptions are if said termination violated law, cba or, employment contract. None of which I see applies here.
        http://www.parentnook.com/forum/

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        • #5
          http://en.wikipedia.org/wiki/At-will
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            California -Public utilities are the only employers required upon request by the discharged employee to give the employee a letter stating the period of service and the kind of service rendered by the employee.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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            • #7
              So just like that, eh? No warnings needed, no just cause, nothing. Just show up for work one day "Hi, how's it going...BTW YOU'RE FIRED, LEAVE NOW!".

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              • #8
                Not the most polite way of handling it, or necessarily good management, but yes, it is legal to do it that way.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                • #9
                  Do I have any rights to the Christmas bonus that hasn't been paid yet?

                  And on another thread here I asked about the 72 hr final check thing. They're going to just direct deposit my final check, which will be a week after I was fired. And I was suspended the day prior to being fired, does that figure into the 72 hrs?


                  As for good management, don't even get me started on that!

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                  • #10
                    Very likely, no Christmas bonus for you. I've never yet seen a "Christmas bonus" that was promised under a legally binding contractual agreement.

                    How is the bonus determined; do you know?
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                    • #11
                      I think the bonuses used to be determined by whim, or maybe a dart toss.

                      I went into ex-work today & accorfding to a couple people I talked to, no bonuses have been given at all this year

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                      • #12
                        Originally posted by Memoria View Post
                        I think the bonuses used to be determined by whim, or maybe a dart toss.

                        I went into ex-work today & accorfding to a couple people I talked to, no bonuses have been given at all this year
                        With a dart toss, I really wouldn't expect a contractual obligation here. It's happening a lot lately.
                        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                        • #13
                          Originally posted by Memoria View Post
                          And on another thread here I asked about the 72 hr final check thing. They're going to just direct deposit my final check, which will be a week after I was fired. And I was suspended the day prior to being fired, does that figure into the 72 hrs?
                          http://www.dir.ca.gov/dlse/FAQ_WaitingTimePenalty.htm
                          "Reality is that which, when you stop believing in it, doesn't go away".
                          Philip K. **** (1928-1982)

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                          • #14
                            By CA Law, your ex employer should have your final check to you no later than 72hours. I would tell them no way for the direct deposit...the payroll admin is being lazy and doesn't want to have to cut you a final check since it's easier to process in the system

                            Originally posted by Memoria View Post
                            Do I have any rights to the Christmas bonus that hasn't been paid yet?

                            And on another thread here I asked about the 72 hr final check thing. They're going to just direct deposit my final check, which will be a week after I was fired. And I was suspended the day prior to being fired, does that figure into the 72 hrs?


                            As for good management, don't even get me started on that!

                            Comment


                            • #15
                              Originally posted by Twix17 View Post
                              By CA Law, your ex employer should have your final check to you no later than 72hours. I would tell them no way for the direct deposit...the payroll admin is being lazy and doesn't want to have to cut you a final check since it's easier to process in the system
                              Well, the check has most likely already been deposited by now, so it's a little late to stand his/her ground on that issue.
                              HOOK 'EM HORNS!!!
                              How do you catch a very rare rabbit?
                              (unique up on him)
                              How do catch an ordinary rabbit?
                              (same way)

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