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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 31716
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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I was terminated and was given and I wasnt written up on it

Resolved Question:

I was terminated and was given and I wasn't written up on it and was said I had poor behavior but a month before I was given a $5 raise in salary for all my good work performance I was working with a friend at a law firm but when she go mad at me and stop speaking to me this came about because she and the co-owner of the firm because best buddies I feel I was terminated unjustified I still did my work as asked. Please tell me what right I have thanks
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

Did you have an employment contract?

Customer: replied 2 years ago.
What type of contract?
Expert:  Tina replied 2 years ago.
An employment contract. It would normally indicate how long you were contracted to work with the employer and may include language indicating whether you could be terminated without good cause or not. Most employees don't have such a contract, did you?
Customer: replied 2 years ago.
There was an offer letter and I don't recall me being given that to sign.
Expert:  Tina replied 2 years ago.
I see.

An offer letter could be construed as a contract depending on the language, but is not usually a binding agreement for purposes of your situation.

In CA, as in most states, you are an employee at will if working without a contract. Under the employment at will doctrine, you or the employer can terminate the employment relationship at any time without good cause.

This means that the employer did not have to provide you with a valid reason for your termination and does not have to justify it. Unless they discriminated against you or retaliated based on some protected status, which does not appear to be the case here, there would normally be no legal action you could take against them.

You should still be eligible for unemployment benefits though if they cannot prove you were terminated for good cause, so I would apply with the unemployment commission right away.

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Tina, Attorney
Satisfied Customers: 31716
Experience: JD, 16 years experience & recognized by ABA for excellence in employment law.
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