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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7651
Experience:  Significant experience in all areas of employment law.
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I was wrongfully terminated and want to sue. I have worked

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I was wrongfully terminated and want to sue. I have worked for the same employer for 10 years and they consistently had a very poor turnover rate. Whenever somebody quit, they piled on their responsibilities on me. Every time I complained about this to my boss he either ignored me or berated me for now working hard enough in front of others.

My work environment was so hostile that eventually I had to seek mental help. Two weeks ago I was terminated for insubordinatetion because I told a coworkers something that was supposed to be confidential but was common knowledge by everyone at the company. Basically, I was fired for saying something that the boss's wife did not want her husband to know.

What are my rights?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to assist you, I will do everything I can to answer your question.

I completely understand and appreciate your concerns here. Unfortunately, however, I must tell you that the facts you have described would not ordinarily give rise to any legal cause of action.

This is because California prescribes to the doctrine of "at will" employment, which permits both employer and employee to terminate the employment relationship at any time and for any reason, absent discriminatory motives, regardless of whether the basis is fair or reasonable.

Courts have made very clear through a long history of judicial opinions that they will not be the arbiters of general claims for workplace unfairness, reasoning that if such claims were allowed to proceed that we would see hundreds a day. This is certainly not to diminish your concerns, but rather to explain the policy behind the law, which may assist in your understanding.

Similarly, there is no general requirement of civility in the workplace and no law that prevents employers from being rude, disrespectful or even downright nasty to their employees. This behavior is only prohibited if it relates to 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, in which case the law will recognize a claim for "hostile work environment." Even then, the harassment must typically be severe and pervasive and result in substantial emotional distress.

Thus, while I am extremely sympathetic to your position and agree that what has happened to you seems unfair, it is not illegal. I realize that the law is not entirely in your favor here and I am truly sorry to have to deliver bad news. Nonetheless, I trust that you will appreciate an accurate explanation of the law and realize that it would be unprofessional of me and unfair to you to provide you with anything less.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.
Patrick, Esq., Lawyer
Satisfied Customers: 7651
Experience: Significant experience in all areas of employment law.
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Patrick, Esq.
Patrick, Esq.
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Significant experience in all areas of employment law.