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My job was just eliminated on Monday and I was let go at 3 30…

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My job was just eliminated...
My job was just eliminated on Monday and I was let go at 3:30 pm, my boss deligated all my duties to others as she wanted to promote her son into a better paying position and needed my income freed up before she could promote him. She had been making my life a living hell since she had hoped that I would quit. I of course could not afford to quit since both my sons 19 & 24 are currently unemployed and I am a single divorced mom. My home is in Illinois and so are my sons and I was hoping to sell my home by owner so that I could move to CA where I was working. I bought the house in 1993 by myself as I was already divorced and I have been paying the mortgage and all the utility bills as well as room and board in CA for renting a bed room. My boss over whelmed me with tasks and unreasonable deliverable dates and due to the stress I broke out with shingles and then my Knee ligament got sprained from me twisting my leg around tightly due to the stressful and hostile work environment. help?
Submitted: 8 years ago.Category: Employment Law
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Answered in 17 minutes by:
6/17/2010
Employment Lawyer: TJ, Esq., Attorney replied 8 years ago
TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 12,803
Experience: JD, MBA
Verified

Hello and thank you for allowing me the opportunity to assist you.

The first thing that you need to know is that California is an at-will employment state (as are almost all others). Therefore, unless you had a contract for a specific period of time, or a contract that limited the reasons you could be terminated, then you were an at-will employee. Here’s what the California Supreme Court has written about this matter:

An at-will employment may be ended by either party "at any time without cause," for any or no reason, and subject to no procedure except the statutory requirement of notice. Guz v. Bechtel National, Inc., 24 Cal.4th 317 (Cal., 2000).

As you can see, the law is rather harsh: You can be terminated at any time, and for any reason. Of course, there are exceptions to that general rule. For example, you cannot be fired because of your race, religion, gender, disability, or age (if over 40). But I’m sorry to say that there is no exception for something like favoritism for the boss’s son. Thus, if you were fired in order to make room for the boss’s son to advance, then that is perfectly legal. The law views that as a legitimate business decision (though it may not be a particularly wise business decision). I wish I had better news for you.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

If the information that I provided is helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

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Customer reply replied 8 years ago
I already knew that CA is a 'at will state' as is my home state of IL but you did not mention anything about the policies made for me or about the racial remarks at lunch. I will just contact the EEOC and discuss this matter with them. thank you to much.
Employment Lawyer: TJ, Esq., Attorney replied 8 years ago
Hi again. I'm not sure what policies you're referring to. Can you elaborate? With regard to the racial remarks at lunch, I'm not sure what to make of it. You didn't mention whether you were Mexican (you still haven't), and you already stated that the reason for your termination (and for the unreasonable demands prior to your termination) was that your boss wanted to promote her son. Are you implying that you were terminated because you are Mexican?
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Customer reply replied 8 years ago
I am Mexcan and I was born here, but I need to go to EEOC and obtain a right to sue letter. This is not a good service for me.
Employment Lawyer: TJ, Esq., Attorney replied 8 years ago
Okay, no problem. And you're correct ... if you think that you were the victim of discrimination because of your ethnicity, then filing a charge with the EEOC is the right thing to do. Good luck!
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