California Employment Law

Have California Employment Law Questions? Ask a Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

California Employment Law
This answer was rated:

I was wrongfully terminated and want to sue. I have worked

I was wrongfully terminated and...
I was wrongfully terminated and want to sue. I have worked for the same employer for 10 years and they consistently had a very poor turnover rate. Whenever somebody quit, they piled on their responsibilities on me. Every time I complained about this to my boss he either ignored me or berated me for now working hard enough in front of others.

My work environment was so hostile that eventually I had to seek mental help. Two weeks ago I was terminated for insubordinatetion because I told a coworkers something that was supposed to be confidential but was common knowledge by everyone at the company. Basically, I was fired for saying something that the boss's wife did not want her husband to know.

What are my rights?
Show More
Show Less
Ask Your Own California Employment Law Question
Answered in 8 minutes by:
8/10/2013
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 13,075
Experience: Significant experience in all areas of employment law.
Verified
Hello and thank you for entrusting me to assist you, I will do everything I can to answer your question.

I completely understand and appreciate your concerns here. Unfortunately, however, I must tell you that the facts you have described would not ordinarily give rise to any legal cause of action.

This is because California prescribes to the doctrine of "at will" employment, which permits both employer and employee to terminate the employment relationship at any time and for any reason, absent discriminatory motives, regardless of whether the basis is fair or reasonable.

Courts have made very clear through a long history of judicial opinions that they will not be the arbiters of general claims for workplace unfairness, reasoning that if such claims were allowed to proceed that we would see hundreds a day. This is certainly not to diminish your concerns, but rather to explain the policy behind the law, which may assist in your understanding.

Similarly, there is no general requirement of civility in the workplace and no law that prevents employers from being rude, disrespectful or even downright nasty to their employees. This behavior is only prohibited if it relates to an employee's race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (over 40), or sexual orientation, in which case the law will recognize a claim for "hostile work environment." Even then, the harassment must typically be severe and pervasive and result in substantial emotional distress.

Thus, while I am extremely sympathetic to your position and agree that what has happened to you seems unfair, it is not illegal. I realize that the law is not entirely in your favor here and I am truly sorry to have to deliver bad news. Nonetheless, I trust that you will appreciate an accurate explanation of the law and realize that it would be unprofessional of me and unfair to you to provide you with anything less.

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, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 13,075
Experience: Significant experience in all areas of employment law.
Verified
Patrick, Esq. and 87 other California Employment Law Specialists are ready to help you
Ask your own question now
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 13,075
13,075 Satisfied Customers
Experience: Significant experience in all areas of employment law.

Patrick, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

LawTalk

LawTalk

Attorney

1,285 satisfied customers

I have 30 years of experience in the practice of law, including employment law and discrimination law.

Tina

Tina

Attorney

923 satisfied customers

JD, 17 years experience & recognized by ABA for excellence in employment law.

Brandon, Esq.

Brandon, Esq.

Lawyer

348 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

melissamesq

melissamesq

Attorney

47 satisfied customers

Represent clients to maximum recovery in employment cases.

legalg

legalg

Other

31 satisfied customers

General Practitioner. Research Attorney

Attorney2020

Attorney2020

Lawyer.

69 satisfied customers

I have significant experience in employment law.

Legal Counsel

Legal Counsel

Lawyer

32 satisfied customers

California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.

< Previous | Next >

Related California Employment Law Questions
I was verbally suspended from work yesterday, for a term of
I was verbally suspended from work yesterday, for a term of one week. I was also told that I would be on probation when I come back, and that I need to take sensitivity and anger management course. I … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,075 satisfied customers
I have a employee that it on salary, they was out for a week
i have a employee that it on salary, they was out for a week due to being sick. Do i still have to pay them a full week salary or just the three day. … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,075 satisfied customers
Just looking for advice on best exit out of a company their
Hi there, just looking for advice on best exit out of a company their retention bonus is too far out … read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,414 satisfied customers
An investigative consumer reporting agency (ICRA) performing
An investigative consumer reporting agency (ICRA) performing a background check for a California (Los Angeles) employer located a misdemeanor record from March 2017 that resulted in a deferred prosecu… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,075 satisfied customers
My employer changed my work schedule less than 2 days prior.
My employer changed my work schedule less than 2 days prior. Now im facing and no call-no show. Is that legal for the employer to that? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I WAS TERMINATED 10/5/2017. CHECK STUBS WERE SENT TO MY
I WAS TERMINATED 10/5/2017. CHECK STUBS WERE SENT TO MY EMAIL ON THAT DAY. ON APPROX 10/10/2017 MONIES WERE SENT TO MY BANK. I HAD TO EMAIL THE EMPLOYER BEFORE ACTION WAS TAKEN. AMOUNT $5000 ISH, 4 WE… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,397 satisfied customers
I was sent home on paid leave almost 8 weeks ago, for no
I was sent home on paid leave almost 8 weeks ago, for no reason (is what I was told). They needed to do some investigating on the issue- what issue? … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,075 satisfied customers
I was arrested with domestic violence and I asked my
I was arrested with domestic violence and I asked my criminal lawyer that the police arrested me by mistake. Now I worried about my arrest record will affect my job application … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I recently terminated an employee whom admitted to stealing
I recently terminated an employee whom admitted to stealing money from a customer that left his wallet in the car. The employee worked for us for roughly 10 years and as you can imagine was not happy … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
883 satisfied customers
Thank you for your counsel on our employee problem., my son,
Thank you for your counsel on our employee problem. Josh, my son, has been asking the questions so far. Having read the conversation threads, I would assume that you must have a rather negative view o… read more
socrateaser
socrateaser
1,031 satisfied customers
I am a part-time employee at a local organization that has
Hi. I am a part-time employee at a local organization that has its own office. The organization also has other part time workers at the office who come in Mondays and Fridays. The boss is out Mondays … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,075 satisfied customers
I am wondering i am still on my dads medical and dental
i am wondering i am still on my dads medical and dental insurance i have both a physical and non physical disability i am wondering if there is a way where i can have his insurance for life and if so … read more
legalg
legalg
Other
Juris Doctorate
31 satisfied customers
Thank you for your recent advise on how best to handle our
Thank you for your recent advise on how best to handle our disgruntled ex-employee. There are a few points that I would like clarified: To recap the basis of our original question: Our employee was th… read more
socrateaser
socrateaser
1,031 satisfied customers
I have a California EDD situation I was in where I
Hello,I have a California EDD situation I was in where I mistakenly claimed extra benefits for 4 months. Mistakenly in the sense that I didn't understand I wasn't allowed to claim when I had a full-ti… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,075 satisfied customers
We have a co-worker in the office that is always causing
We have a co-worker in the office that is always causing arguments, pushing buttons etc. I work with her just 2 days a week and the day before we're working together and that day i always have a bad h… read more
socrateaser
socrateaser
1,031 satisfied customers
I was off from a tech startup with vested shares. I signed a
I was laid off from a tech startup with vested shares. I signed a purchase agreement for the shares which was cosigned by the CEO but not witnessed. The agreement was stapled to a copy of the money or… read more
socrateaser
socrateaser
1,031 satisfied customers
Going through a edd audit. Audit questionnaire recieved. Its
Going through a edd audit. Audit questionnaire recieved. … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,961 satisfied customers
I was curious about constructive dismissals. There are
There are several eyewitness accounts of one major incident and documents evidencing an ongoing problem...I do not have access to those documents though. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
883 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x