California Employment Law

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This is new to me since I was never before been terminated…

Customer Question
Hello, this is new...

Hello, this is new to me since I was never before been terminated this way, only once as a multiple layoff situation. My employer of 27 months, a very successful start up who has grown from a 100 employees wback when I was hired to the day, contacted me yesterday to tell me their decision to terminate my employment due to the "new more aggressive plans" they have and the fact that "I have a gap of skills" under the new circumstances. This was surprising on an expected since I just overpass my sales quota and no previous warning of potential termination was given to me, other than occasional observations on sales presentation and client communication style I was asked to improve. No written communication or help for me to improve this situation. The questions:

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?

Full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was in shock so I was not very available to discuss at the time, but among the things they said that I was going to receive next week a severance package offer and that I will have 21 days to accept it or reject it. I am not sure if they will have the right to my salary and coverage in that time. Also, I was offered 20,000 options when I was hired my over 2 years of employment entitle me to 10,000 share but I have been an additional 3 months so I was told I could try to negotiate a full year (3rd year) of options, as part of the package once I get it and if I want to counter offer.

Submitted: 7 months ago.Category: California Employment Law
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Answered in 52 minutes by:
1/14/2018
California Employment Lawyer: Bill Attorney, Lawyer replied 7 months ago
Bill Attorney
Category: California Employment Law
Satisfied Customers: 2,821
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your employment law question today. I'm attorney Bill offering support in relation to your employment termination. You may have rights in relation to notices of termination or wrongful termination if stated in your contract or there is an implied contract between you and your employer that you can only be laid off according to a particular manual or procedure.

This can be in the form of employee dismissal guidelines in your contract or employee handbook.

Absent an express policy in relation to termination the Labor code allows employers to terminate at will employees for any or no reason.

"

Every employment in which the power of the employee is not coupled with an interest in its subject is terminated by notice to the employee of either of the following:

(a) The death of the employer.

(b) The legal incapacity of the employer to contract.

(Enacted by Stats. 1937, Ch. 90.)

2922.

An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month."

If the reason your termination was fast tracked was based upon discrimination you can file a Civil rights claim with the State civil rights body or the federal EEOC.

Ageism is where you are discriminated for being over 40. Other grounds of illegal discrimination and termination are gender, religion, race and disability.

https://www.eeoc.gov/contact/

If there was discrimination or breach of contract you will have a right to sue your employer.

You should discuss your contract with a local attorney who can determine whether you had a contractual expectation not be terminated in the way and method that you were or whether illegal termination took place by violation of your civil rights or the ADA.

I'm an independent legal expert and rely on your positive feedback today to get a credit for my time.

You do this by rating 5*****, 4**** or better.

So I hope you rate FIVE STARS before your exit today.

Best

Attorney Bill

Ask Your Own California Employment Law Question
Customer reply replied 7 months ago
If I ask my employer for a copy of my original contract (the one I signed) are they obligated to provide me with such copy?
California Employment Lawyer: Bill Attorney, Lawyer replied 7 months ago

Yes , the labor code specifically section 2751 mandate that your employer give you a copy of the contract.

"b) The employer shall give a signed copy of the contract to every employee who is a party thereto and shall obtain a signed receipt for the contract from each employee.  In the case of a contract that expires and where the parties nevertheless continue to work under the terms of the expired contract, the contract terms are presumed to remain in full force and effect until the contract is superseded or employment is terminated by either party."

In case your employer refuses to comply you can report a labor law violation which can result in a fine or more draconian consequences upon your employer.

https://www.dir.ca.gov/dlse/howtoreportviolationtobofe.htm

I'm an independent legal expert and rely on your positive feedback today to get a credit for my time.

You do this by rating 5*****, 4**** or better.

So I hope you rate FIVE STARS before your exit today.

Best

Attorney Bill

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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).

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