How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask ratioscripta Your Own Question
ratioscripta
ratioscripta,
Category: California Employment Law
Satisfied Customers: 100048
7286322
Type Your California Employment Law Question Here...
ratioscripta is online now
A new question is answered every 9 seconds

My role was 'eliminated' from my job and I was offered a separation

Customer Question

My role was 'eliminated' from my job and I was offered a separation agreement with a contract. However, I have since learned that my boss told others that I was eliminated because he did not get along with me - I have never had a performance review. How can I determine if this is legal?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  ratioscripta replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; (B) If you receive a phone call offer while we chat, know that this is an automated test feature the site is running. Due to possible ethical issues, the site allows experts not participate in phone calls and I normally decline them. Unless the phone call offer you receive literally states "THIS OFFER IS FROM ELY" (which means I personally initiated it), please do not entertain any such offer; and (C) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation. Can you please tell me if you had an employment contract that spelled out termination only in certain situations (such as elimination of employment), OR, there was no such clause in a contract?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
There's nothing in the employment acceptance letter that talks about that. Attached is the separation agreement served to me last Tuesday. HR says I have until this Monday to sign it but that's not in the agreement either.
Expert:  ratioscripta replied 1 year ago.
Thank you.
On this website, I do not always get to give good news, and this is one of these times. I understand that hearing things less than optimal is not easy, and I empathize. Thanks in advance for not "shooting the messenger."
The employer has a right to terminate an employee for any reason, provided it is not discrimination (race, gender, ethnicity, religion, etc).
You will hear "right to work," however, this is misleading. This only means the right to work without being required to join a union as a condition of employment.
As such, the employer can choose whatever reason they want to (as long as it is not discrimination) for termination, or none at all. So whether they really had to eliminate the position or not, or whether they simply could not get along with you - it does not matter.
And the employer does not have to give a performance review prior to making any termination decision.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 1 year ago.
My role was 'eliminated' from my job and I was offered a separation agreement with a contract. However, I have since learned that my boss told others that I was eliminated because he did not get along with me - I have never had a performance review. How can I determine if this is legal?

Related California Employment Law Questions