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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12801
Experience:  Significant experience in all areas of employment law.
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Was told I was let go due to being there at the company

Customer Question

was told I was let go due to being there at the company 20yrs, and knowing company policy. I asked if I could talk to the owner first due to him being out of the county. Was told yes. I was unable to get of hold of him. Next day went to the owner son and told him I couldn't get a hold of him. I asked him ,I didn't know what to do. He said he talked to his dad and said for me to take next couple of days as suspended with no pay until Friday when the owner would talk to me . So now I don't know what to do? this is going to effect my income.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: california
JA: Has anything been filed or reported?
Customer: no my last check put my file away and didn't even have they had
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't know if I am let go or what is going on. but know feel I'm being harass. I talked to a safety officer and he said that out of several months , I was the only one written up. So to him it did seem I was being picked on.
Submitted: 11 months ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 11 months ago.

Hello and welcome. I am very sorry to hear about this. What exactly is your question regarding this matter? I very much look forward to helping you....

Customer: replied 11 months ago.
do I have I case of being harass or wrongful terminated?
Expert:  Patrick, Esq. replied 11 months ago.

Thank you.

As a general matter employment in the state of CA 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, unless you had evidence that you were being targeted because of a legally protected trait such as your race or religion, you would not typically have any grounds to sue for wrongful termination. As for harassment, harassment is not illegal unless there are threats of physical violence (in which case you can get a restraining order) or the harassment relates to a legally protected trait such as your race (i.e. using racial slurs) in which case you can sue for emotional distress. The kind of harassment you describe, while highly unfortunate, does not appear to fall under either of these exceptions and so would not typically be actionable.

I truly wish that I had better news for you, but I do hope that I have clarified the law as it applies to your situation so that you know where you stand and can move forward. If I can do anything else for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Customer: replied 11 months ago.
Follow safety officer said no one else has any reports written . So he also felt I was targeted due to rumors in the company that they where going to find a way to let me go.
Expert:  Patrick, Esq. replied 11 months ago.

My sincere apologies but this sort of targeting is not illegal. It is company politics and it is highly unfortunate, but unless you can prove that you are being let go because of a legally protected trait or activity as defined above, you would not typically have any recourse under the law. I truly wish I could give you better news but of course I must tell you the law as it is on the books.

Again if there is anything more I can do for you just let me know. It's my pleasure....