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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4884
Experience:  Extensive experience representing employees and management
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I just got terminated as a shift supervisor with a large corporation

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I just got terminated as a shift supervisor with a large corporation during my probationary period. However, the basis for this separation was disciplinary action against me (have proof) that I was not aware of. During my 4 months of employment I was subjected to malice (not openly) from my direct supervisor who had been upset about my hiring, (have proof) and conflict of interest between my direct supervisor and next level management (who had hired me). I did not receive proper amount and format of training and therefore suffered extreme embarrassment and humiliation in front of customers. I may have possibly been a victim of age discrimination (other older employees have similar problems but are full-time and long-standing employees with different protection). My training records are falsified by my direct supervisor showing training when I was not even working (have proof). I have not been treated equally among my peers who did not receive counseling for same "offenses" (have proof), offenses that my direct supervisor herself commits (have proof). I did not receive proof (written customer complaints with my name on it or records of complaints by phone with my name) and have a feeling that my direct supervisor manufactured unnamed complaints into complaints against me (am in the process of investigating). In all, my employment came close to a nightmare, that caused me distress, sleep disorder, inability to focus and remember. Being older (57) and having a termination in my record, it is next to impossible to find another job, which will result in not having enough social security credits by retirement age.
Submitted: 11 months ago.
Category: California Employment Law
Expert:  Joseph replied 11 months ago.
Hello and welcome to JustAnswer,

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

My goal is to provide you with excellent service today.

Unfortunately, while the majority of what you have mentioned is unethical, wrong, and immoral, it is not illegal. It is only illegal for your employer to treat you in this manner if it were doing so due to discrimination based on a protected characteristic (such as age). There is some proof to that, if you were treated unfairly relative to younger employees, but it would definitely help if you could provide any statements or evidence of a bias against older workers as well.

Otherwise, if this was motivated by a personal dislike or otherwise, it is not illegal. In fact, it was unnecessary even for your employer to manufacture any reason to terminate you , since as an at-will employee, you can be terminated 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.”

This means that an employer can terminate you for any reason, including a false or manufactured one, as an at-will employee, so your cause of action would be limited to age discrimination.

That said you should definitely file a complaint for age discrimination with the California Department of Fair Employment and Housing, which you can do using the information available online here:

http://www.dfeh.ca.gov/Complaints_ComplaintProcess.htm

I hope the above information is helpful.

Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 4884
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 11 months ago.
Hello,

Please let me know if you have any follow up or clarifying questions regarding the above information.

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

Thanks and best of luck!

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