Legal Question in Employment Law in California

wrongful Termination

I was employed by a mortgage company as loan consultant. Today I called in sick. An hour later my manager called me and said I am terminated from my employment. Reason given to me was that I did loan for a client and it came back.

I would like to know if that is appropriate for an employer to terminate an employee without counselling them or writing them up.


Asked on 5/12/04, 4:02 pm

3 Answers from Attorneys

Alden Knisbacher knisbacher law offices

Re: wrongful Termination

If you're entitled to take sick leave (the company has a sick leave policy and you have not exhausted your leave) the termination could be illegal -- as a breach of the employer's policies -- thereby, a "breach of the covenant of good faith and fair dealing" The "at-will" doctrine is modified some by the notion that employers still have to follow their policies -- if they promise their employees sick leave, they can't fire employees for taking that leave (the case to read for attorneys who seem a bit misled on the notion of "at-will" employment is the recent Supreme Court case of Guz v. Bechtel.)

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Answered on 5/13/04, 11:05 pm
Scott Cole Scott Cole & Associates, APC

Re: wrongful Termination

Out firm is not handling such cases presently, yet I wonder if you were paid as a salaried (Exempt) employee. If so, it may be that you are entitled to a substantial amount of overtime pay. Please feel free to call me at (510) 891-9800 to discuss this issue.

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Answered on 5/17/04, 11:32 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: wrongful Termination

If I read between the lines, it seems you have doubts as to the cause of your termination, and believe it is because of your having called in sick. Nevertheless, in California a person is an at-will employee and may be fired at any time, except for illegal reasons (discrimination, whistle-blowing, etc.), or if the person has a contract for a term of employment. If there's more than you have related, feel free to drop me a line.

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Answered on 5/13/04, 7:32 pm


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