California Employment Law
California Employment Law Questions Answered by Legal Experts
Hello and thank you for your question today.
Are you online with me?
Welcome to the chat
First, let me say that I am terribly sorry to hear that you are in this situation. It is a shame when an employer makes a decision without legitimacy, especially when that decision is quite frankly wrong. However, that does not necessarily mean that the decision is unlawful. California is an at will employment state. This means that your employer is allowed to terminate your employment that does not violate your civil rights or is in breach of contract. Thus, if you are a union employee, or if you have an employment contract that says you must be fired for cause, then you might have legal recourse against them for terminating you. Additionally, if you believe the reason that you were terminated could be related to a protected category, such as your age (over 40), gender, race, religion, genetic information, pregnancy, national origin, creed, or disability, then the termination would be deemed wrongful and you would have a cause of action. In a situation like this, where it makes no legitimate sense to fire you, and replace you with someone who is not getting the job done, courts oftentimes look to information just like this when an allegation for discrimination is made.
If you believe that the real reason this occurred could be related to a protected category, then you are going to want to file a claim with the DFEH or the EEOC.
You can do that here:
Or, if you would prefer, you can get an employment attorney in your area involved to help you.
If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with.
Other types of termination, even if wrong, are still legal. As a consequence, the only potential remaining option that you can pursue would be to file for unemployment benefits and claim, quite rightly, that you were terminated "without cause" and seek unemployment benefits. You would not be able to seek damages, but you would be able to contest the termination as being ultimately invalid.
the person who replaced me is 24
Are you over 40?
Then it sounds like you would have a legitimate argument to say that the real reason this occurred was because of your age.
how about my vacation pay situation
A use it or loose it policy is not legal in California
In California, vacation pay is another form of wages which vests as it is earned (in this context, "vests" means you are invested or endowed with rights in the wages). Accordingly, a policy that provides for the forfeiture of vacation pay that is not used by a specified date ("use it or lose it") is an illegal policy under California law and will not be recognized by the Labor Commissioner.
the new manuaql for the company has a cap on days earned but the days I am discussing we did not hav e a cap policy in place
there was no policy other then use it or lose it
The problem here is that there is a four year statute of limitations on a claim like this
So, you would be entitled to pay for every vacation day for the last 4 years
so my time from 20072009 i cannot collect on
that was "lost"
Unfortunately, that is correct
but the 1st part due to age i have something to go on
Well, I should ask, when was the vacation deemed to have been lost
Because the statute begins to run on the date the wages were due
so you could technically have an argument that the wages were not due until termination
So it really all depends on the exact language of the policy
i dont understand 2007 i had 7 days coming used 2 and the rest were tossed out by the company
So if you get 7 days in 2007, and the policy says you loose those days at the start of 2008, then the statute would have already run. However, if you got those days in 2007, and were only now informed that you lost those days, then you could argue that you would be due those days now, and not then.
Does that make sense?
beautiful thank you for all your help
Not a problem. Have I fully answered your question today?
yes i think so
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, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.
I will give you an excellent service can I contact you at a latter date?
If you ever need to ask for me specifically, please feel free to do so here:
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).