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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4868
Experience:  Extensive experience representing employees and management
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terminated for rescheduling & canceling service

Resolved Question:

I have recently terminated for rescheduling & canceling service calls from Sears roebuck corp. As an appliance technician we are giving more calls than we can handle. Example, my day starts at 10:00am & given 5 morning calls (8am to 12pm) to complete by 12:00 noon, with drive times between calls 30mins or more and some service requires 40min to 2 hours to complete . If a customer cancels or must reschedule due to over booking technicians are the only ones to cancel or reschedule the service. It also effects technicians productivity negatively which led to my termination & many other techs .Do I have a case against sears? I do have documents & daily schedules that prove there is no way to meet scheduled appointments.

Submitted: 11 months ago.
Category: California Employment Law
Expert:  Joseph replied 11 months ago.
Hello and welcome to JustAnswer.

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

My goal is to provide you with excellent service today.

I need a bit more information from you before I can provide you with a complete and thorough answer.

Can you tell me if you're a union member, have an employment contract, or are an at-will employee?
Customer: replied 11 months ago.

I was a at will employee. I do understand what that means. But terminating me for things beyond my control. I gave one example, this is what else counts against techs, if techs have to order parts not available in stores, how long on a service call, reschedules, canceled appointments, how long on a service. & if u don' t sell warrantys. They will never put it in writing. Nor is it in the job discription that we have to sell. It states as a bonus, the opportunity to sell warranty's.

Customer: replied 11 months ago.

I was a at will employee. I do understand what that means. But terminating me for things beyond my control. I gave one example, this is what else counts against techs, if techs have to order parts not available in stores, how long on a service call, reschedules, canceled appointments, how long on a service. & if u don' t sell warrantys. They will never put it in writing. Nor is it in the job discription that we have to sell. It states as a bonus, the opportunity to sell warranty's. If you don't sell it counts against you productivity.

Expert:  Joseph replied 11 months ago.
Hello Joseph,

Unfortunately, as an at-will employee you can be terminated at any time for any reason (even a bad one, including something outside of your control) 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."

While it is extremely unfair and unethical for your employer to terminate you for an issue outside your control, unfortunately it doesn't give rise to any cause of action against your employer.

You would only have a cause of action against your employer if there were reason to believe that your employer terminated you due to discrimination based on a protected characteristic (such as race, gender, national origin, ethnicity, etc.)

However, it is material that you were terminated through no fault of your own (something outside of your control) for you to receive unemployment benefits, since you need to be terminated through no fault of your own to receive unemployment benefits.

I realize that the above information is not what you wanted to hear, but I hope you appreciate a direct and honest answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions.

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

Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 4868
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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