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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 31562
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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I had my contract terminated at my last job and am wondering

Customer Question

I had my contract terminated at my last job and am wondering if they followed the right procedure, if i was wrongfully terminated, and if my benefits can just be cut off.

So i work in a kitchen at a large corporate facility. During the dinner service, I made a comment that another employee took offense to, but given the context of working in a kitchen i didn't think it was over the line. The stories the offended employee tells during our shift are the most offensive things I've ever heard and I have told him so. Other employees agree with my opinion about his stories.

And secondly we took a small shot with our manager at the end of our shift, which the offended employee did not participate in.

Instead of following the chain of command he ran right to the Executive Head Chef and the Head of HR and told them that we were all drinking and that i made fun of him. He had only been working there for about 3 weeks, and then he puts in his 2 week notice on monday 10/31, just after i was fired.

This all happened on 10/21. I was talked to on Monday, no one talked to me about it for the rest of the week, and then I was fired on Friday 10/28.
They gave me my final check, had me sign termination papers and was told my benefits run out on the 1st. Really? They fire me on friday at 2pm 10/28 and tell me my benefits are only good til monday 10/31. So I had almost no time to use my benefits before they were gone.

Should i get benefits for longer than 3 days? Do I have a chance to get my job back? I was very well liked and no one could believe how things went down.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

You mention a contract. Did you have an employment contract indicating you could only be terminated for good cause?

Were you a union worker?

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 something else?

Customer: replied 2 years ago.
I am not a union worker, and I need to find a copy of my employment contract. I dont think i was discriminated against, I get called mexican all the time, but i dont really take it that way. I do work in a kitchen
Expert:  Tina replied 2 years ago.
I see.

If the employer breached the employment contract in any manner, then you would typically have legal recourse under a breach of contract theory of law.

If the employer did not breach a contract, then they are permitted to terminate you without good cause, meaning they do not need a legitimate reason for ending the employment, so long as they do not terminate you based on a discriminatory motive.

The employment at will doctrine normally allows them to terminate employees for any reason or no reason at all, that is not in violation of law.

Their written policies may give rise to an implied contract, meaning that a breach of contract claim could be raised since they did not follow their own procedure with regard to termination.

Here is a link that discusses this type of claim further:

http://www.discriminationattorney.com/lawyer-attorney-1288127.html


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