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Thread: California - Written Notice (Performance Review) before Termination

  1. #1

    Default California - Written Notice (Performance Review) before Termination

    State: California

    I recall somewhere in the California labor laws that the employer must give some written notice (ie performance review) before firing someone. My previous employer (who fired me) is accusing me of poor performance but as far as I know, I had stellar performance and was even receiving bonuses. Can you please point me to the California Labor Code Section that describes the performance reviews and wrongful termination?

  2. #2
    Senior Member
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    Default California

    California does not require progressive discipline for most job classifications. It only requires that terminations not be as a result of illegal discrimination. The agency in charge of California fair employment laws is the California Department of Fair Employment and Housing. The website for the Department is http://www.dfeh.ca.gov/

    Let me know if you have any other questions.

  3. #3
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    Default Overall Performance vs One Instance

    Part of the problem with being terminated even though you've always excelled at your job is that there may have been one instance in which you feel you did not act inappropriately but that your manager deems as sufficient cause to let you go.

    A grocery manager for example that rises in the ranks from cashier to manager within a year and a half, is shown visible respect from the corporate office, and is even being groomed for a higher position can be terminated. This happened to a friend of mine. All signs pointed to a corporate position, then one day he accidentally walked out of the store holding a bag of popcorn he intended to pay for. It was on clearance for 99 cents, he didn't want to use his card so went out to the parking lot to get a $1. When he came back in the Assistant Manager asked him to leave and told my friend that HR had already been notified.

    Unfortunately it has been well known in the store that the Assistant Manager didn't like my friend and this was his chance to get rid of the kid that was out performing him. Despite never having had any other issues he was suspended and fired a week later. Morally and ethically speaking it's unfair because he had no history of wrong doing, and fully intended to pay for the product. However, legally speaking he did remove a product from the premises that he had not paid for. So was it wrongful termination? That's up for debate. Their HR department saw it as cause for termination.

    In your case something similar might have happened. While the law is set in place to protect us, we can not always protect ourselves from the people that dislike us. It may have made someone uncomfortable that you were excelling so much at your job.

    I hope this brings new perspective as to understanding why this may have happened.
    Last edited by cbg; 04-19-2013 at 01:59 PM.

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    Default

    Your spam link has been deleted. If you wish to advertise your law firm, contact the administrators and pay the advertising rates. Normally your post would simply have been deleted and your account closed as a spammer. This is the only notice you will receive.

    In addition, this thread is almost ten years old. For the future, do not post to dead threads.
    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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