How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Your Own Question

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4880
Experience:  Extensive experience representing employees and management
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

I worked for a staffing company for some ten years where they

Customer Question

I worked for a staffing company for some ten years where they would place me with clients of the firm. I did high end financial consulting and crisis management work. It was acquired by SFN (a big public company based in Florida). In my last assignment, I was working on a for profit education company supporting an audit by the Department of Education. The situation was severe enought that my own company had a lawyer assigned to me advising me as well.

I finished the assignment successfully but some 90 days after the assignment, the CEO of the for profit education company (the client to which I had been assigned for over two years) complained to SFN about something I did. But SFN would never tell me what the CEO's complaint involved. SFN terminated me because of the complaint, terminating me 'for cause' without telling me 'the cause'. I could get no answers from anyone. After ten years (with the acquired company), I would have thought I would at least have been told the nature of the complaint and been allowed an opportunity to respond to it but I was told I had no rights to know the complaint or to respond to the CEO's allegations (whatever they were).

Curiously, the for profit education companyj, i.e. the CEO's company, has no record of the CEO's allegations in my personnel file at all. So there is no record of the CEO's concerns at all. I'm baffled as to how to proceed. The CEO,the CFO, and the VP of Academic Affairs of the for profit school were all terminated sometime later by the Board of Directors.

I feel the fact these terminations demonstrate whatever complaints they had against me are probably biased somehow or efforts to defend themselves. but either way, shouldn't I be entitled to know the nature of a charge against me and have an opportunity to respond to it? is this a complaint I can take to the Labor Board or do I need an attorney?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

Unfortunately, as an at will employee you can be terminated at any time for any reason (including a bad one or none at all, unless the reason is discriminatory) with or without prior notice.

However, in order for your employer to successfully contest your unemployment benefits, your employer needs to be able to prove that you were terminated 'for cause' and not through no fault of your own.

If you file for unemployment benefits, your employer will have to inform EDD of the reasons for your termination in order to attempt to deny you benefits.

Regardless, you should apply for unemployment benefits, which you can do so online here:

https://eapply4ui.edd.ca.gov/


If you believe that you have been discriminated against based on a protected characteristic (such as race, gender, national origin, ethnicity, sex, or age) you should file a complaint against your employer with the Department of Fair Employment and Housing.

You can file a complaint using the instructions available here:

http://dfeh.ca.gov/Complaints_eCompProc.htm
Customer: replied 2 years ago.
so an employer can fire anyone 'for cause' without disclosing the 'cause' to the affected employee?? that's bizarre!
Expert:  Joseph replied 2 years ago.
Yes, it is strange, but, unfortunately, the employer can state the termination is 'for cause' and not disclose the reason for the termination to the employee.

However, if you file for unemployment benefits with EDD, the employer would be required to disclose the reasons for your termination if your employer chooses to contest you being granted unemployment benefits.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    845
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    329
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3365
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.