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Michael Gonzalez
Michael Gonzalez,
Category: Legal
Satisfied Customers: 538
Experience:  Managing Member at EWF Title, LLC
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Firing an at will employee still under 90 day probabtiona

Customer Question

firing an at will employee still under 90 day probabtiona period
JA: What state are you in? It matters because laws vary by location.
Customer: Calif.
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.
Category: Legal
Expert:  Michael Gonzalez replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. This answer is given based on the facts provided above. Contact a local attorney to further discuss these issues. By continuing, you confirm that you understand and agree to these terms.

The answer is yes, but the 90 day probationary period has little to do with it. As an at will employee you could be terminated at any time even after the 90 day period subject to the some exceptions. For example, an employer cannot fire someone if discrimination is involved based on race, color, religion, gender, sex, etc. Or, if you were injured on the job and you get fired, that is wrongful or retaliatory discharge. Likewise in cases involving jury duty, family and medical leave, whisteblowing or reporting unlawful conduct to authorities, etc. Or, if the employee were promised employment for a certain length of time. The 90 day probation period is not applicable to the last example. The 90 day probation period is primarily for the employers benefit in avoiding an unemployment compensation claim charge to their record.

Expert:  Michael Gonzalez replied 2 months ago.

It was a pleasure assisting you today, and I would appreciate if you would rate my service, so I will receive credit and payment for my work. After you rate the question you can ask follow-up questions, and you will not be charged any additional money for the follow-up questions. Rating me costs you nothing.