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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38128
Experience:  Retired (mostly)
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I have been a temporary employee working for the Los Angeles

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I have been a temporary employee working for the Los Angeles County Employees Retirement Agency through a temporary agency for less than a month. I am the type of person who keeps to herself and up until this morning I did not need to really work with others. This morning I was called up to legal because another employee accused me of pushing her while we were searching for something, of which is false. The legal person at the company didn't know really what to do after speaking with me as I calmly told her that the accusation was not true. To assist I offered to leave for the day which was agreed and they were paying me for the day. I just received a call from my recruiter to inform me that my assignment has completed (was what the company said). I am so distraught over this because the accusation wasn't true and while my recruiter assures me I'm a value employee of theirs and they are going to find me work I'm just not myself right now. Do I have any legal grows against LACERA for ending my assignment at all after an incident such as this. I had so much work to still do and feel they sided with the other employee which has tainted my reputation. Thank You. Valerie Lacy
Hello,

California is an "at will" employment state -- employers can terminate an employee at any time, for any reason, or for no reason at all. Labor Code 2922.

Your allegations suggest that the employer simply decided not to spend time or money investigating, and instead determined that liability would be reduced by terminating you immediately. As a temporary employee, you cannot depend upon any of the grievance procedures that would ordinarily accompany a direct county employee (classified/civil service employee).

Your only recourse is to file for unemployment. I can practically guarantee that nothing about your termination will surface during any new employment application. And, you can tell any prospective employer that your employment contract with LACERA ended, and that was the end of the matter. So, while it may "feel" like your reputation is tarnished, it's really not -- unless the temp agency decides to treat you like the villain.

I realize that you may be looking to get justice from this unfair treatment. Unfortunately, this sort of thing happens every day to dozens of employees throughout California. Employers are terrified of potential legal liability for not taking any claims of physically assaultive conduct seriously. So, they fire the alleged perpetrator and "ask questions later." It's just simpler and less costly to do this, than it is to investigate and transfer employees, in a search for the truth.

Please let me know if I can clarify or provide further assistance.

socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for the assistance.

Your welcome and good luck.