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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I was terminated after 9 years with my former company Sprint.

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I was terminated after 9 years with my former company Sprint. I believe I was unfairly terminated and would like to know if I would have a case if I pursued a lawsuit. After having a conversation with my District Manger about taking over another bigger store I was honest and said I just completed my master degree and I didnt want to start something that I may not be able to finish. I told them that I may want to test the job market. (Big mistake). After this I was getting written up for little things that I was never held accountable for in the past. Then after being put on a final for turning off my store's alarm 1 minute and 16 seconds late I was transferred to a new district. After only 7 days under this new DM I was told that I was being fired for not hitting my Accessory quota for the quarter. There have been many Store Managers that have not been held accountable for quota attainment for years and the Corrective Action policy for Store Managers was always changing. It would change from 1 month to the next and not everyone was held to the same standards. It was an HR nightmare. It was always communicated verbally, or over a conference call but never made clear with documentation. When I was fired I really didnt even understand how the 1 missed quota out of the 5 quotas that I carried could lead to my termination; especially when my previous write-up had to do with being late and operations. Furthermore, the DM that fired my was best friends with another DM that was present during the meeting whom I had not gotten along with in previous years under him. He was verbally abusive, yelled at all of his employees and undermined us by calling us idiots and belittleing our talents. I believe I was fired for other reasons than the ones that they gave me. In your opinion, do I have a case? Please help.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,

I'm sorry to hear of your dilemma.

Unless you have a written contract of employment with your employer, you are considered an employee-at-will. This means that there is likely little protection afforded you relating to unreasonable supervisors/bosses, as well as the typical workplace politics and drama which can be so troublesome.

In CA, employees are presumed to be "at will." At-will employees may be terminated for any reason—at any time, even a mistaken reason, they can have their hours or pay decreased and they can suffer a cut in their benefits, so long as it's not illegal or unlawfully discriminatory. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract. In your state, an employment relationship is at-will unless there is a defined duration for the employment contract or if the contract permits termination by the employer only under specified circumstances.

Unlawful discrimination would include an employer discriminating based upon a person’s Ethnicity, Color, Religion, National Origin, Gender or Disability.

Office politics, and the fact that a previous supervisor may have had it in for you, does not provide the legal basis for a wrongful discharge lawsuit---I'm sorry.

None of the fact that you have shared would lead me to believe that you were the victim of unlawful discrimination. While there may have been unspoken reasons that went into the decision process to terminate you, that would not grant you a cause of action either---again, unless you could prove unlawful discrimination.

I wish you the best in 2011.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation, nor was it what I sensed you were hoping to hear. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.


Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug

LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you

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