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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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My full time salary position within the company was terminated.

Resolved Question:

My full time salary position within the company was terminated. The only reason my employer gave me was that I wasn't always answering their calls. When I was not able to get their calls I was occupied with work at a customer location. I was given a 3 day notice of the termination.
While employed I introduced some personal friends to my employer. Who are in the same type of business. They helped me out on bigger jobs and when I was overloaded with work.
The employer has now given my workload to my friends I brought into the company. They have hired new employees to cover the extra work my old employer has given them. Is not prejudice to myself by the employer? There was and is no lack of work within the company. I feel that I was not treated fairly. Can they deceide over night to just terminate someone without a valid reason that makes sense?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.

I am sorry to hear of your difficult situation and am working on your answer now.

Do you have any reason to believe you may have been discriminated against on the basis of your race, age (40 or older), gender, disability, or other protected status?

Do you have an employment contract?

Customer: replied 5 years ago.
I am 47 years old. Maybe the employer considers me to be too old? I am not sure about this as communication with employer was limited to phone conversations. The main office is 500 miles from my location. It is in northern ca. and I am in southern ca. The guys that were hired by the contracting company are younger. They also are paid less than I was being paid. There is no employment contract as far as I can remember.
Expert:  Tina replied 5 years ago.
I see.

Since there is not an employment contract, you would typically be considered an employee at will and could be terminated without good cause unless the employer violates one of the exceptions to the employment at will doctrine.

Once exception that may be involved here is age discrimination if the employer is terminating employees 40 and older and hiring younger employees or otherwise treating older workers less favorably than similarly situated younger workers.

For this, you would typically file a complaint with the state employment commission alleging age discrimination and seeking lost wages and benefits.

It is best to retain an attorney to represent you in this matter and look for one who takes contingency fee cases if possible.

The fact the employer did not provide you with good cause for terminating your employment means you should also qualify for unemployment benefits.

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