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Category: California Employment Law
Satisfied Customers: 13748
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My son (31 yrs) has been working 2 1/2 years in a local

Customer Question

My son (31 yrs) has been working 2 1/2 years in a local market that has high employee turn over. About two month ago he asked for a raise. He works hard, is conscientious with his work, and gets along with employees and costumers and has a good job attendance record. Recently he was put on a irregular schedule with with eve, graveyard and days mixed sometimes back to back.
He went to work yesterday and at the end of his shift the asst. store manager gave him his paycheck and told him not to come back to work. No reason or explanation was given.
What are the legal requirements (notice and documentation) for dismissing an employee?
He was hired by the store owner? Should he appear for work for his next shift?
Please offer other advice in this matter.
What does he need to do or document his dismissal?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer.

California is an "at will" employment state. That means an employee can be terminated at any time, for any reason, with or without cause. There is no requirement that an employer provide any notice or documentation before terminating an employee. There are some exceptions to this. The first exception is that an employee cannot be terminated for a discriminatory reason - that is, if your son was fired because of his race, religion, sex, age (only applies if age 40+) disability or national origin, that would be grounds for a wrongful termination claim. Similarly, if he was terminated due to a violation of public policy (e.g., his employer asked him to do something illegal, he refused, and was fired) that would be a wrongful termination.

The other exception to this would be if he had an employment contract or was part of a union. Typically, these employees have more rights when it comes to termination as their contract spells out grounds upon which they may be fired and any requirements regarding notice or documentation.

Otherwise, unfortunately, I have to tell you that your son's termination was lawful, even though it may not have been fair.

Should you have any further questions or need clarification, kindly REPLY, and I'll be happy to assist. Thank you.