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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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My job just layed me off because my home clinic shut reuse

Resolved Question:

My job just layed me off because my home clinic shut reuse down I told them I wanted to be transferred to the Tracy clinc that the fa would utilize me that she had a position for me they said she didn't but I have a copy of a schedule that has me on there for this month and into Febuarey do I have a law suite case?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.
Hello and thank you for entrusting me to answer your question. I hope you will appreciate a very direct answer to your question although it may not be exactly what you are hoping to hear.

A legal basis to sue for wrongful termination exists on in a very limited set of circumstances. Generally, unless an employee has a contract that GUARANTEES them employment for a specified period of time, they are what is known as an "at will" employee. More specifically, California Labor Code Section 2922 provides that: "employment, having no specified term, may be terminated at the will of either party on notice to the other." What this means is that employers are typically free to terminate employees for any reason they see fit, for no reason, or for reasons that are completely unfair.

The main exceptions to this general rule of at will employment are: (1) if you are terminated as a result of your race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (over 40), or sexual orientation; or (2) if you are terminated in retaliation for engaging in certain protected conduct, such as filing a worker's comp claim or reporting a wage violation.

Unless you can show discrimination or retaliation of some kind, you would typically have no cause of action for unlawful termination, even if your employer promised that they would have a position for you in a different department.

I understand that you may be disappointed by the answer I've given you, as it's not particularly favorable to your situation.  Had I been able to provide a more favorable answer, it would have been my pleasure to do so.

I sincerely XXXXX XXXXX this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Please abide by the honor code of this website by kindly clicking on the GREEN ACCEPT button if my answer has been helpful to you. Thank you very much.
Customer: replied 5 years ago.
The fa Aka boss told me that if they shut reuse down at Tracy that she could transfer me I have proof of hours which the boss from Tracy said there wasn't hours but there are
Expert:  Patrick, Esq. replied 5 years ago.
Thank you very much for your followup. As I touched upon in my first reply, the fact that hours are available and yet you were still let go does not mean there is a basis to sue. This is because, assuming you are an "at will" employee (meaning you don't have a contract guaranteeing you employment for a specified period of time) your employer is free to terminate you at any time and for any reason, even if the reason is completely unfair or unjustified.

If you require any additional clarification, please do not hesitate to ask. Otherwise, I would greatly appreciate if you would "accept" my answer so that I may receive credit.

Warmest wishes and very best regards.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

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