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I was terminated at my job as a Warehouse Supervisor back in…

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Hi, I was terminated...

Hi, I was terminated at my job as a Warehouse Supervisor back in June 13, 2016 for conduct specifically violation of company drug free policy. In early 2016, I was on temporary disability due to medical condition in March, and April. When I came back to work in May 5th, I was ushered to my Facility Manager's office for an investigation. A co-Supervisor (who was under my direction as an inventory analyst when he joined the company) reported that I handed him a crack pipe. During the investigation by our Facility Manager, a newly hired Warehouse Manager (I had complained to HR of my manager's harassment, & discrimination, and prior to me reporting back was told that she was no longer with the company), and an HR on conference call. I denied the allegation, and the HR said they had a hidden camera place in that particular room but, never told that there was a video recorded. Despite of no witness, there were only two of us in the room), no evidence, and no drug testing both on that night, and during the investigation. I was placed on suspension without pay prior to investigation until I was told to report in June 13, 2016. I had been with Coca- Cola Refreshment for 11 years as a Supervisor. I had trouble with my previous manager the moment she transferred to our facility from LA facility that push me to file a discrimination charges at EEOC but, dismiss right away without looking at any of my evidence. There was some law firms that got interested in my case until they found out I had a "at will" employment contract. The right to sue letter issued to me by EEOC has been more than a year. My wife, and some family doesn't want me to seek legal advise before but, l was having a hard time looking for work, and sometimes I don't know if I have to be an effective Supervisor again. I know the reason why the previous firms got disinterested in my case, due to being "at will" but, can I challenge the legality of getting terminated based solely on this Supervisor's accusation? No witness, no evidence, and no drug testing of any kind. Our training of handling employees under us, were to have another witness, and to send to the clinic the same day for testing. Can you please give me an advise on what to do? Thank you. Nathaniel Mendoza

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Only mid-level management. Workers are teamsters

Submitted: 10 months ago.Category: California Employment Law
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Answered in 34 minutes by:
9/19/2017
California Employment Lawyer: ScottyMacEsq, Attorney replied 10 months ago
ScottyMacEsq
ScottyMacEsq, Attorney
Category: California Employment Law
Satisfied Customers: 18,161
Experience: General practice attorney
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Thank you for using JustAnswer.

I'm sorry to hear about your situation. I suppose that the reason that these other firms were interested is because they thought you were a union employee (and therefore would have better rights as it pertains to investigations, etc...). As an at-will employee, that would change matters. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion.

It also means that your employer can take the word of your supervisor, and base its actions entirely on your supervisor's word. It doesn't have to be a "good reason" or based upon sound logic, etc... Your supervisor could literally say "I just think that he's a reptile from Mars" and your employer could believe him and terminate you accordingly. It's ridiculous, but that's the nature of at will employment.

So as far as your question is concerned, "can I challenge the legality of getting terminated based solely on this Supervisor's accusation?", assuming that the supervisor didn't target you based upon race, age, religion, gender, or disability, or in retaliation for doing any protected activity (FMLA leave, filing an EEOC case, etc...) then I'm afraid to say that it would be legal. Immoral, unethical, and illogical, but still legal.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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California Employment Lawyer: ScottyMacEsq, Attorney replied 10 months ago

Did you have any other questions before you rate this answer?

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California Employment Lawyer: ScottyMacEsq, Attorney replied 10 months ago

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

Ask Your Own California Employment Law Question
California Employment Lawyer: ScottyMacEsq, Attorney replied 10 months ago

Should I continue to await your response, or may I assist the other customers that are waiting?

Ask Your Own California Employment Law Question
California Employment Lawyer: ScottyMacEsq, Attorney replied 10 months ago

Hello?

Ask Your Own California Employment Law Question
California Employment Lawyer: ScottyMacEsq, Attorney replied 10 months ago

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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