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laid off..."its not working out, I need to let you go" California

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  • laid off..."its not working out, I need to let you go" California

    On Wednesday, 11/21/07 after working for a coffee shop since 5/30/06 as the manager I arrived at work at 5:50 AM and the owner handed me a check and told me that "Its not working out, I need to let you go". When I asked him why, he told me he did not have to tell me why. I continued to ask him and he finally said, "The numbers are down". Two hours later he laid off another employee, and today (11/24) he laid off a third employee. This shop only had four employees....all three of us have been told the same reason for being let go.
    Do I have any legal backup?
    Also during my two year employment, I never had a scheduled break. I would frequently work 7 hours and never have a break...none of us did. the day before I was let go, I worked a 12 hour shift....covering for the lack of employees, and did not have one break.
    Any help would be helpful...What do I do? I know that several laws have been violated with my termination, but not sure what to do.
    Jennie

  • #2
    Originally posted by justfortoday757 View Post
    I know that several laws have been violated with my termination,.
    Jennie
    Which laws would those be? Nothing you have said indicates to me that an illegal termination has occured, but if you have actual laws to the contrary, I would be interested in hearing about them.

    Thank you.

    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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    • #3
      I don't see any illegal termination here. Ca. is an at-will employment state & you can be terminated at any time for any reason not protected by law (ie age, gender, religion) unless there is a bona fide employment contract or CBA to the contrary. It's just like you could have quit your job at any time for any reason w/o a contract to the contrary.

      Since you were a manager, were your duties such that you were an exempt employee? An exempt employee would get no add'l. pay over their regular weekly salary no matter how many hrs. worked & you would not be entitled to any meal or rest breaks. (though the employer can offer them) Non-exempt employees would be a different story.
      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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      • #4
        I agree with the others.

        Exactly what laws do you think would exist that would forbid a company that wasn't making money from having layoffs?
        Not everything that makes you mad, sad or uncomfortable is legally actionable.

        I am not now nor ever was an attorney.

        Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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        • #5
          laid off

          Well, not all employees at site were laid off....one is still there. I was given a raise just last month, and no I did earn overtime hours...none of the employees had breaks, not just me.
          I was under the impression that the shop I managed was the only one making money...according to someone in corporate. I was also told this.
          Something I forgot to mention....when I left that morning, he had in his possession my prescription medication. When I asked for it, he said, "What your drugs?" and then went out to the company van to get them. I take asthma meds, allergy meds and a B12 vitamin every morning.
          Isn't against labor law to lay off someone without prior knowledge?
          Do you think there may be a case against this company?

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          • #6
            Again nothing about your termination was illegal
            http://www.parentnook.com/forum/

            Comment


            • #7
              Originally posted by justfortoday757 View Post
              Well, not all employees at site were laid off....one is still there. I was given a raise just last month, and no I did earn overtime hours...none of the employees had breaks, not just me.
              I was under the impression that the shop I managed was the only one making money...according to someone in corporate. I was also told this.
              Something I forgot to mention....when I left that morning, he had in his possession my prescription medication. When I asked for it, he said, "What your drugs?" and then went out to the company van to get them. I take asthma meds, allergy meds and a B12 vitamin every morning.
              Isn't against labor law to lay off someone without prior knowledge?
              Do you think there may be a case against this company?
              No. It isn't against the law to layoff employees without prior knowledge. It isn't against the law to only layoff some employees. It isn't against the law to have a company wide layoff even in the locations making money.

              You have absolutely no case whatsoever. File for unemployment and look for another job.
              Not everything that makes you mad, sad or uncomfortable is legally actionable.

              I am not now nor ever was an attorney.

              Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

              Comment

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