California Employment Law

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I was hired as a robotic welding technician and was given a…

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I was hired as a...
I was hired as a robotic welding technician and was given a limited amount of time on the actual robots and I was dismissed after 2 weeks of employment while I did not receive nor sign any written warning or suspension based on their own company policy, which I have in my possession. (copy of their "rules of conduct") Do I have any legal recourse? I quit a job of 16.5 years for this opportunity.
Submitted: 3 years ago.Category: California Employment Law
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Answered in 29 minutes by:
5/29/2015
California Employment Lawyer: Patrick, Esq., Lawyer replied 3 years ago
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 14,567
Experience: Significant experience in all areas of employment law.
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Good evening and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
This is a highly unfortunate situation, but I must be honest and tell you that the facts you have described do not give rise to any legal claims. The reason is because employment in all states but Montana (and I'm assuming you don't live there) is "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true.
So, as an at will employee, there is nothing illegal about being terminated after a short period of time, based on an unfair assessment of your performance, or due to poor performance that is the result of not being given the tools to succeed. Just as you could quit your job without notice or reason, so too can your employer terminate the employment relationship without notice or reason. It is not necessary for them to have you sign something or to warn you in advance.
The only silver lining here is that you will be eligible for unemployment benefits. UI benefit eligibility is not governed by the amount of time you have been employed for a given employer but rather what your total wages for all combined employers have been in the past 4 calendar quarters. That, for you, should mean you get benefits at the full rate you would been entitled to if you had been laid off from your job of 16 years.
I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. 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 moving forward.
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California Employment Lawyer: Patrick, Esq., Lawyer replied 3 years ago
Hello again,
I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.
Very best wishes.
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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).

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