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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11047
Experience:  Significant experience in all areas of employment law.
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I was recently terminated from my job of six years for giving

Customer Question

I was recently terminated from my job of six years for giving in instructions in error. I received no coaching, counseling, or a final for my error. I asked them to work thru lunch, was I wrong even thru my instuctions were not followed.
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 4 years ago.
Hello and thank you for entrusting me to answer your question. I am so incredibly sorry to hear that you lost your job of 6 years.

Unfortunately, the laws in this area strongly favor the employer. Absent an employment contract guaranteeing employment for a specified period of time, employment in the state of California is presumed to be "at will."

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 employees for any reason whatsoever, even a reason that is entirely unfair and even if no prior warnings were issued, unless the underlying motivation is discriminatory or otherwise in violation of California law. Thus, termination under the circumstances described would not typically give rise to any legal claim.

Fortunately, an individual in your circumstance is likely eligible for unemployment benefits, as UE benefits are generally available unless termination occurred for "willful misconduct."

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 laws of "at will" employment are very 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 an honest answer to your question.

I sincerely hope that this information helps you and I wish you the best.

My absolute greatest concern is that you are satisfied with the answer I provide, so please do not hesitate to contact me with follow-up questions. Also, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

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