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  • unlawful termination?

    State of California. I was recently terminated for poor job performance after receiving a recent positive performance review, including an increase in pay.

    Do I have a claim to unlawful termination?

  • #2
    Originally posted by Scott
    State of California. I was recently terminated for poor job performance after receiving a recent positive performance review, including an increase in pay.

    Do I have a claim to unlawful termination?

    If you have already terminated, and believe the reason was because of your race, religion, gender, nationality, age, or disability, you may file a complaint with either the EEOC or FEHA.

    In some instances, you will be required to file a complaint with either or both of these agencies before you can ever file a lawsuit in court.

    Wrongful termination is usually associated with the above reasons, otherwise there is "emplyoment at will" in which either the employer or employee may terminate at any time without reason. If you have a contract or written agreement as to your employment, this also must be upheld on both sides.

    Check with your company's written policy on termination and see if they will be violating any of their own rules if they terminate you.

    If you feel your termination was based on discrimination, contact an attorney.
    Last edited by Sue; 07-17-2004, 08:20 AM.
    Sue
    FORUM MODERATOR

    www.laborlawtalk.com

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    • #3
      Wrongful Termination

      You should also check your company's speciic disciplinary and termination policies. If you company did not follow these procedures, they can face a wrongful discharge suit.

      For example, if the company handbook states that employees are entitled to receive two written warnings for poor performance before they are terminated and you were terminated after receiving only one verbal warning, you may be able to successfully bring a wrongful discharge action.

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