Legal Question in Employment Law in California

Can I be laid off for not meeting a requirement needed for my position BUT I was never given time to comply with the requirement? I was notified in February 2010, took the first available exam needed on March 13, 2010. The deadline was June 30, 2010 and then they changed the deadline to March 15, 2010. The results of the exam were not available until April 2010. So I missed the deadline and now I have no job until I comply with the requirement. Can this be done without due process?


Asked on 4/30/10, 6:20 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Unfortunately, there is no such thing as "due process" in most private employment relationships. Employment is presumed to be terminable at the will of either party. This means employers do not need a good reason to terminate an employee. They can do so for any reason, as long as that reaon is not prohibted by law, or contract. If you think either of those exceptions applies to you, consult with an employment lawyer in your area.

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Answered on 5/06/10, 9:03 am
Terry A. Nelson Nelson & Lawless

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 fired any time for any reason, with or without �cause� or explanation, other than for illegal discrimination, harassment or retaliation under the ADA [age], Civil Rights [race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy

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Answered on 5/06/10, 11:25 am


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