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Was just terminated for reasons that don't make sense

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  • Was just terminated for reasons that don't make sense



    Just for clarification, I do work at a 'At will' job in California.
    Today I was fired because they said they were 'concerned' about my vacation time taken and my sick leave and also my focus. That's it in a nutshell of what they said to me. My vacation had been pre-approved before being hired 5 months ago. As for the sick leave, I had the Sales mgr trying to micro manage my dispatcher job at hand for the first three months...so I missed a day here and there. Which in turn I went to the doctor for because of Anxiety attacks. We had a new General Mgr start about a month ago and we seemed to be on the same page on all subjects. I had no training originally. I've never been warned or written up. Also, I had been keeping a record of my hours which most of the time I never took a lunch...my average was 9.5 hours a day which I only get paid for 8 since I'm salaried. Do I have any options??

    Thanks bunches!!

    Kathy

  • #2
    California

    "At will" means you can be terminated for any reason at any time, so long as the employer is not taking such action because of your race, gender, national origin, religion, age, disability, pregnancy, sexual harassment or sexual orientation (with the latter applicable in California but not in many other states). Retaliation for filing a claim on these issues or for issues such as filing a workers compensation report or attempting to organize a union is also prohibited.

    If the termination of your employment was not due to one of these issues, then you don't have legal recourse.

    On the other hand, many employers have an appeal process in place, where a terminated employee can appeal to Human Resources (if there is that department) and / or the chain of command.

    Let me know if you have any other questions.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

    Comment


    • #3
      Still confused about wrongful termination...

      We didn't have an HR dept so I can't go to them. But I do know that I never signed a contract with the company stating that I was working at an 'At Will' company, does this matter? Also, I filed for unemployment insurance and I remember the boss saying a few weeks ago that they never had to pay that before because they just deny the claim. Is this legal??

      Thanks so much for your help!

      Comment


      • #4
        At Will

        Though it is advisable for employers to have an employee sign a statement saying that he or she understands about the at-will status. However, it is not mandatory to have an employee do so. (It could also be in things such as employee handbook, etc.)

        Your right to unemployment is not determined by your employer. It is determined by the state. So, they can deny the claim. If you don't appeal it, it will stay in a denial status. On the other hand, if you appeal, you have a good chance at receiving unemployment.

        There are tight deadlines in filing so be sure to pay attention to the timelines, etc. Good luck.
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

        Comment

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