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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4995
Experience:  Extensive experience representing employees and management
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a friend of mine who works for the city as a public works assistant

Resolved Question:

a friend of mine who works for the city as a public works assistant director just got walked out of his job for no reason that he can think of. He has poured his life into the job and everyone says glowing things about him that works for him as well as other organizations like the union president, his boss and others.. There was no reason given as he was told he was an "At Will" employee. He recently got a glowing review and raise and is beloved by all his people and the people he works with (well, at least everyone he thought he knew). Does he have recourse for lawsuit or recompense or to get his job back?
Submitted: 11 months ago.
Category: California Employment Law
Expert:  Joseph replied 11 months ago.
Hello,

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

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

Unfortunately, as an at-will employee, your friend can be terminated at any time for any reason (even a bad one or no reason at all) 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."

The only exceptions to at-will employment occur if the employee is a victim of discrimination based on a protected characteristic (age, race, national origin, ethnicity, sex, disability, etc.). If your friend has no reason to believe that he's being discriminated against due to a protected characteristic, unfortunately, he would not have a cause of action against his employer.

If it's any conciliation, I strongly disagree with this doctrine and believe all employment terminations should be for 'cause,' but unfortunately that is not the current status of the law.


I realize the above information is not what you wanted to hear and I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct 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 as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

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

Thanks and best of luck!

-Joseph
Joseph, Lawyer
Satisfied Customers: 4995
Experience: Extensive experience representing employees and management
Joseph and 2 other California Employment Law Specialists are ready to help you

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