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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 6739
Experience:  Significant experience in all areas of employment law.
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I have been fired from my work on Saturday. After 4Yrs of hard

Customer Question

I have been fired from my work on Saturday. After 4Yrs of hard work . My new manager told me many times that he will move up withing a company and if he has to fired everyone from the store.. he will do it. So i guess i was THE ONE! When i asked him why i was fired he did not tell me. Also he said that by law he can not tell anyone if i was fired and for what reason. I did had an interview with a regional manager of a different jewelry company, and he said that he being told that the reason i was fired was "I was not a team player". Wait a minute! By the law they not supposed to tell anyone if i was fired and for what reason. ?? Now i dont know what to do. HELP!!!
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to answer your question. I am so incredibly sorry to hear that you were let go and can certainly understand your frustration.

Unfortunately, the laws in this area strongly favor the employer. Absent an employment contract guaranteeing employment for a specified period of time, you 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 an employer is free to terminate you for any reason whatsoever, even a reason that is entirely unfair, unless the underlying motivation is discriminatory or otherwise in violation of California law. Discrimination occurs only if the adverse employment action is taken as a result of an employee's race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (over 40), or sexual orientation.

There is also unfortunately no legal prohibition on an employer telling other people that an employee has been fired or the reason for their termination. Many companies have a policy not to reveal such information, but having such policy does not impose a legal obligation on them to follow it, and so no law would be broken if manager were to talk about the reasons for termination.

I am so very sorry to deliver this news to you, as I realize this is not what you were hoping to hear. If it is any consolation, I believe the law is unfair in this respect. Of course, you are here not because you want an opinion on what the law should be, you are here because you want to know what the law actually is in this instance. Accordingly, I hope you will appreciate my very direct response to your question.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

My greatest concern is that you are satisfied with the answer I provide, so please do not hesitate to contact me with follow-up questions. Although I cannot always provide good news, I hope that my answer gives you a better understanding of the law and your rights so that you can obtain the best possible result under the circumstances. Also, please bear in mind that experts are not credited for unaccepted answers, so I greatly appreciate you taking the time to "accept" my answer and leave positive feedback.

Finally, none of the above constitutes legal advice nor is any attorney client relationship created between us.
Patrick, Esq., Lawyer
Satisfied Customers: 6739
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
Well i guess its NO LAW in California to be on a people side! Thats a shame ! Thank you for your answer.
Expert:  Patrick, Esq. replied 2 years ago.
I completely understand your frustration. Indeed it is quite unfair. If it is any consolation, termination on the grounds you have stated will not typically disqualify an otherwise eligible individual from receiving unemployment benefits.

For information on how to file a claim for unemployment benefits with the EDD, visit this link: http://www.edd.ca.gov/unemployment/filing_a_claim.htm

I wish you the very best.

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