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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5276
Experience:  Extensive experience representing employees and management
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My name is XXXXX XXXXX and I work for a company by the name

Resolved Question:

My name is XXXXX XXXXX and I work for a company by the name of extended stay hotel
and has been there for 11years without having any writ ups or warnings so since a new manager overtook she did not give me any warning or write ups she just saying the next thing I do I will be fired all because I was used to what the other managers let me stayed
in a room until my shift start so that I could be at work cause I live about 45miles from
the job and its easier to come from my other job to there so is this legal for her not to
follow protocol
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello Kenneth,

I am very sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

I understand your situation, but it isn't clear what question you have regarding it. Could you please specify? Thank you.
Customer: replied 1 year ago.

what i am saying is she spoke to me about this 2 weeks ago and now


she is saying that she is about to fire me.Let me give you a little history


that i have with this company the managers there have come to my home at 3:00 in the morning cause they did not have anyone to cover


the shift and they always left a key for me since i was comming from


my other job so since she seen me comming out of a room she says


thats grounds for being fired can she fire me for something that i was given permission to do and if so shouldnt she be following protocol


which is 2verbals first and 3 write ups and then termination

Expert:  Joseph replied 1 year ago.
Hello Kenneth,

Thanks for the additional information. I have a few final questions and then I can give you a complete answer.

Can you tell me if you have an employment contract with your employer or are you an at will employee?

Also, have you received an employee handbook that has this protocol in place? If so, was it signed by you and your employer?

Thanks.
Customer: replied 1 year ago.

I am not sure but i think its at will and i dont think that i signe the hand


book or the manager because i havent had a reveiw in 6 years so i really


dont know

Expert:  Joseph replied 1 year ago.
I was just wondering where the protocol came from. Is it in an employee handbook?
Customer: replied 1 year ago.

yes it is

Expert:  Joseph replied 1 year ago.
Hello Kenneth,

In California, the default employment status is at-will, meaning that an employer can terminate an employee at any time for any reason with or without any prior notice.

This stems from the employment at-will doctrine, which is codified in California Labor Code Section 2922, and states:

"An employment, having no specified term, may be terminated at
the will of either party on notice to the other. Employment for a
specified term means an employment for a period greater than one
month."


However, this can be changed through either an express or implied contract. An express contract is one signed by both parties that would guarantee your employment for a certain period of time.

When an employer states protocol and policies that need to be followed in an employment contract that creates an implied contract. If your employer then deviates from that policy and you are terminated as a result, you can sue your employer for breach of contract.

Since your employer has established an implied contract with you. they are obligated to follow it. Your current manager is trying to deviate from current policy and if you were terminated without the appropriate verbal and written warnings, you can file suit against your employer for breach of contract and wrongful termination.

Since my goal is to provide you with the best service possible, please let me know if you have any additional questions or need any additional information.

If not, please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!
Expert:  Joseph replied 1 year ago.

Please see the edits below:

 


When an employer states protocol and policies that need to be followed in an employment handbook that creates an implied contract. If your employer then deviates from that policy and you are terminated as a result, you can sue your employer for breach of contract.

Joseph, Lawyer
Satisfied Customers: 5276
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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Joseph
Joseph
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Extensive experience representing employees and management