Legal Question in Employment Law in California

My husband and I both worked for Public Storage. We get a new District Manager every 1-2 years. Our present one hates us and fired my husband 1 week after an executive tour praised my husband's property and performance with "I knew it could be done". They still will not give any reason why he was fired. It is a matter of time before she fires me as well. She has all but said it. We are very hardworking, loyal employees but there things that have occurred that I am completely humiliated by and do not want to go back. What consequences would I bear if I do not go back to work? We want to file a suit against Public Storage.

Asked on 9/15/13, 6:05 am

2 Answers from Attorneys

Frank Natoli Natoli-Lapin, LLC
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Thanks for your question. If you do not go back to work, and absent some circumstance that would change the analysis like if we were dealing with some kind of "constructive termination," you will be considered as having quit and likely will be disqualified from receiving benefits. It is of course your right to quit if you are unhappy.

If you or your husband were working under a proper employment contract and you believe that was breached by your employer, you should consult a local employment lawyer that works with employees to discuss your options. This, however, is likely not the case and you are probably an "at will" employee. This means that you can be terminated at anytime for any or no reason just like you can quit at anytime for any or no reason.

While it is possible there are many more facts unknown that will make a difference in the analysis, you did not articulate any cause of action to sue them here in your narrative. If you believe you have a valid claim, again, please consult a lawyer in private.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

frank@lanternlegal.com

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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9/16/13, 7:06 am
Terry A. Nelson Nelson & Lawless
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Unfortunately for you, not only are there no laws against poor management, 'unfair treatment', or rude, obnoxious or harassing behavior by management or other employees, but in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or terminated any time for any reason, with or without ‘cause’, explanation or notice.

If you fail to show up, you can be fired, or treated as a quit which will deprive you of unemployment benefits.

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9/17/13, 1:00 pm

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