Legal Question in Employment Law in California

Due I have any rights?

I was fired from my job of 26 years for reasons of insubordination to my manager and leaving company parking lot on my allowed break time. This is their claim but I strongly believe it stemed from a verbal conversation with the owner of the Company. During our conversation which I was explaining to him what had happened he immediately became verbaly abusive to me in front of other co-workers. I quickly got the impression it was something I said that he blew up about so I asked him what he thought he heard me say so I could make things right and he became enraged and wouldnt let me speak. He threatened to fire me on the spot if I did not turn around in my seat and shutup. I did as he said while he stormed in to my managers office demanding an apology. I was in shock at what had happened but told my manager I said nor did anything disrespectful and I felt an apology would be admitting to a lie. I never apologized and the following week when he came back from a weeks vacation I was fired for this incident but they claimed reasons as I stated earlier. Do I have any kind of recourse??


Asked on 3/06/11, 9:20 am

2 Answers from Attorneys

Deborah Barron Barron Law Corporation

Since you worked there for over 10 years, there is an implied contract that you will not be terminated except for cause. While insubordination may be cause for termination, these facts don't seem to rise to the level of valid cause. You don't indicate what type of job this was or what type of company or employer. Company policy's and procedures are controlling especially if they are in writing. Do you think there is an alterior motive for terminating you? Age, race, salary? Please contact me to discuss further. I have an office in San Francisaco as well as Sacramento and handle cases all over CA. [email protected] http://www.lawbarron.com

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Answered on 3/06/11, 9:35 am

I don't know where Ms. Barron gets the idea that ten years of employment creates an implied contract that termination will only be for cause. In fact the California Judicial Council approved jury instruction on implied employment contracts specifically instructs the jury that length of service CANNOT be used to find an implied contract, although it can be considered with other factors in deciding if the other factors give rise to an implied contract. It doesn't sound to me like you have any recourse, but if you want to follow up with an attorney on the implied contract issue, I suggest you find one with a more correct understanding of the law than Ms. Barron.

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Answered on 3/07/11, 9:49 am


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