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MaryMeadenEsq
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Category: California Employment Law
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I am a hotel General Manager and my boss told me I have been

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I am a hotel General Manager and my boss told me I have been accused of "something" by a subordinate but refuses to tell me what the "something" is. Am I entitled to know what I've been accused of especially if my job has been threatened?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  MaryMeadenEsq replied 4 years ago.

Hello there

 

Are you a member of a labor union?

 

 

--MARY

Customer: replied 4 years ago.
No.
Expert:  MaryMeadenEsq replied 4 years ago.

Hello again.

 

In the US, every employee is an employee "at will" -- meaning that an employer can fire an employee for any reason or no reason at all. And, there are no laws that state that an employer must tell you that you are being investigated or even what you are being terminated for. However, if they want to try to stop an employee from being eligible for unemployment benefits, they will tell the employee the termination reason and the unemployment department will also be told the reason. While I have run into a few cases where the reason for termination was somewhat vague, I have never seen one where an employer simply refuses to give a reason for termination. If you were a union member, then you could file a grievance and go to arbitration with your complaint and possibly save your job -- unfortunately, though, without union protection, you would not have a legal case against the employer for wrongful termination unless you could show that you were being discriminated against due to your race, gender, age (over 40), disability, religion or sexual orientation. AN employer can get away with treating an employee very badly (even harassing and bullying behavior) and unless the employee can show discrimination by the employer or by a supervisor that the company does nothing about for race, gender, etc. then you will not have a case for wrongful termination -- but if they do not give you a reason for the termination you will probably be able to make a case out for the collection of unemployment benefits.

 

GOOD LUCK

 

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Customer: replied 4 years ago.
Even in California? We have had some pretty dreadful associates and our corporate lawyer never allows us to terminate saying California is more employee focused.
Expert:  MaryMeadenEsq replied 4 years ago.

 

Yes -- EVERY state is an "at will" state and if they want to terminate you without telling you why they could do it --they will -- but as I said, most employers will tell you that you are fired and give you the reasons why and it is rare for the employer not to tell you the reason behind the termination. The same is true for the wrongful termination -- the only way to get a valid case against the employer for wrongful termination is to prove discrimination for race, gender, age (over 40), disability, religion or sexual orientation. There are also laws that protect against retaliation if the employee makes a wage claim with the attorney general's office or a hostile work environment claim (for gender or race claims). CA is a little more friendly on employee leave and disability pay laws than many states, but the "at will" doctrine for employers is alive and well in every state in the U.S.

 

--MARY

 

Please press the GREEN ACCEPT BUTTON so I will be paid for my time. I am paid nothing until you press ACCEPT at the bottom or side of this ANSWER box. Pressing ACCEPT will not cost you any more money -- it simply acts as a trigger to Just Answer to pay me for my time. THANK YOU

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