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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5002
Experience:  Extensive experience representing employees and management
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I was terminated with no cause, what can I do?

Resolved Question:

I was terminated with no cause, what can I do?
Submitted: 9 months ago via EmployeeIssues.
Category: California Employment Law
Expert:  Joseph replied 9 months ago.
Hello and welcome to JustAnswer,

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

Can you tell me if you were an at-will employee, or do you have an employment contract with the company?

Also, do you have any reason to believe that you were actually terminated due to discrimination based on a protected characteristic (such as race, gender, national origin, disability, etc.)?

Customer: replied 9 months ago.

I started working for this company 6 months ego the employee hand book says that the probationary period is 90 days after 90 days the employee become permanent employee and is entitle to the benefits as the rest of permanent employees. like I said before I was working for 6 months and on 11-04-2013 my manager just told me to follow him to the HR department asked me for the company's belongings in my possession and gave me a check for the days that I had worked and I left. I did send a letter of dissatisfaction to the RH department but I haven't hear from them.

Expert:  Joseph replied 9 months ago.
Hello Milton,

Did the employee handbook include a statement regarding 'at-will' employment?

Did it state that you had employment protection after passing your probationary period, or did that just entitle you to benefits?
Customer: replied 9 months ago.

yes it did

Expert:  Joseph replied 9 months ago.
Can you tell me what it states?

Customer: replied 9 months ago.

it says that after 90 days of probation the employee become as same es the other employees, means that any employee needs to have 3 warnings of the same violation before the employee is terminated.

Expert:  Joseph replied 9 months ago.
Hell Milton,

In addition to filing for unemployment insurance benefits (which you should do immediately) you can also file suit against the company for breach of contract and wrongful termination, since they were obligated to terminate you only for cause and only after giving you three warnings regarding the conduct that was the cause for termination.

While the vast majority of employment in California is at-will, and most employers will include provisions in employee handbooks to ensure that there is no implied contract of employment, it seems that your employer did the opposite and created an implied contract for employment.

Since they violated this contract, you would be entitled to back pay, as well as reinstatement.

I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service.

If not, PLEASE remember to rate my answer POSITIVELY (Excellent Service) so I get credit for my work. I put significant time and effort into my answers, and DON’T receive anything for my work unless you rate my answer positively. It doesn’t cost you anything extra and is necessary even though you’ve made a deposit. Please also rate me highly (10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph

Joseph, Lawyer
Satisfied Customers: 5002
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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