Employment Law

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Is it legal for my employer to fire me because I refused to…

Customer Question
Is it legal for...

Is it legal for my employer to fire me because I refused to work on weekends?

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?

"at will"

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

I am on my h1B and this is at a startup. I am the only female engineer and have been bullied on a number of occasions. I also have an email where my manager calls me unprofessional and a brat.

Submitted: 7 months ago.Category: Employment Law
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Answered in 6 minutes by:
9/30/2017
Employment Lawyer: Barrister, Lawyer replied 7 months ago
Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 41,641
Experience: 17 years practicing attorney
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Unfortunately, the answer is yes. If you are not under a written fixed term employment contract that specifically sets your hours and days of employment, then you would be considered an "at will" employee. What this means is that an employee can quit or an employer can fire or change the terms of employment (change hours, location, duties, pay, etc.) at any time for any or no reason at all.

.

So if they needed you to work on weekends and you were unable to, they could terminate.

.

While it might be inequitable and unfair, it would not be illegal. Wrongful termination only comes into play if you were terminated for being part of a protected class (gender, sexual orientation, age, disability, religion, national origin).

.

.

thanks

Barrister

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Employment Lawyer: Barrister, Lawyer replied 7 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 41,641
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Experience: 17 years practicing attorney

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