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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39043
Experience:  Retired (mostly)
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I held a job as VP of Sales with a Fortune 500 company making

Resolved Question:

I held a job as VP of Sales with a Fortune 500 company making $250k per year and was let go due to alleged misconduct that took place at 11p at night at a Restaurant/Bar in Denver, CO. I was given no severance pay. Do I have any recourse?
Submitted: 6 years ago.
Category: California Employment Law
Expert:  socrateaser replied 6 years ago.
California Labor Code 2922 permits an employer (or employee) to terminate the employment relationship "at will," except where there is an employment contract with a "specified term...of more than one month."

There is one recognized exception, whereby the Labor Commissioner can bring an action on behalf of an employee for claims "of loss of wages as the result of demotion, suspension or discharge for lawful conduct occurring during nonworking hours away from the employer's premises." Labor Code § 96(k).

This statute does not provide employees with substantive rights. It is merely "a procedural mechanism that allows the Commissioner to assert, on behalf of employees, their independently recognized constitutional rights." Barbee v. Household Automotive Finance Corp. (2003) 113 Cal.App.4th 525, 536.

You would have to assert that you had, under the Cal. Const., Art. 1, Sec. 1, a constitutional right to privacy in your conduct at the bar, and that the employer violated that right by terminating your for your exercise of that right. Moreover, the Division of Labor Standards Enforcement would have to agree with your assertion and then bring an action against the employer on your behalf.

Alternatively, if you can think of some other constitutional right that the employer has violated, then you could assert that right.

If you want to try to make the claim, then see this link to file a complaint.

Hope this helps.

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