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CA wrongful termination? California

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  • CA wrongful termination? California

    In a nutshell I worked for a large insurance carrier here in CA for almost 3 yrs until last May, 2011. What the company did was in March they rolled out a new error policy stating that effective 1/1/11, you were not allowed to make more than 6 errors in 6 months which means 1 error per month. Mind you I was processing 200-400 claims per day depending on the work load. If you had verbal, write up etc, it would count against you if you had any at that time in March. I had a verbal in December and a write up in April 2011 stating that one more error will result in termination. I told my manager that I was learning a new type of claim that I had no training for and that there may be another error since I was new at it. She said she would keep that in mind.

    Well, in May, 2011, I received an error on the new claim and was terminated on the spot! In June when I started working at a new company as a temp, my former manager emailed me and asked that if there were any positions there to keep her in mind. What sucks is that one of my errors was due to fall off the next week and that would have saved me.

    Do I have any recourse? Should I find a lawyer or let it go?

  • #2
    You weren't remotely wrongfully (illegally) terminated. You have no other option BUT to let it go.


    • #3
      Termination for errors is always legal. There is no requirement that they "drop off" after a certain period of time or that the employer allow for a learning curve. Both might be good practices to have but they are not addressed by law.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


      • #4
        Wrongful termination is a specific legal term that refers to firing someone for an illegal reason. An illegal reason would be firing you because of your gender, race, national origin, religion, etc. Based on what you posted, your termination would be legal.


        • #5
          Agreed. Unless you were being discriminated against because of your sex, race, ethnicity, age, religion, medical condition, or because you have opposed illegal activity in the workplace, and you believe you have been singled out unfairly due to one or more of those things, what your former employer has done is legal. "Wrongful termination" is a legal term with a very specific meaning. Your employer may discriminate against anyone for any other reason, including the color tie they wear, whether or not they like football, and so forth.

          Unless there is more to the story than you've told us, you do not have a case for wrongful termination, and your best course of action is to file for unemployment benefits and start looking for a new job. I wish you the best of luck.


          • #6
            Das ist in der Doktor!

            Have you considered a carer in medical coding?
            The pays not to bad.
            You'd have to go back to school and learn medical terminology and anatomy and how to code but you will have reference books to look the codes up with.
            You will have a quota and you will have to watch your error rate but its a lot better than what you describe.
            The only thing they can't teach you is how to read a Doctors hand writing, and yes, it can be as bad as they say it is, but you get the hang of it after a while.
            I use to do that until my hands got so bad I could barely type anymore.
            Something to think about.
            ~ VOTE ALL INCUMBENTS OUT IN 2012,


            • #7

              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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