Legal Question in Employment Law in California

Terminated wrongfully

On Monday 4/1, in a meeting for 2001 performance review, which only my manager and I were present, without going over the evaluation, my manager verbally told me that I am terminated immediately due to poor performance in 2001. My manager watched while I packed my belongings. Eight days later, when I received a copy of my personnel file I noticed that the reason for termination is stated as Involuntarily, and that my manager has made a lot of comments contrary to the facts, as well as fabricated some of the events. The company policy states a four point process for termination, including written warnings and consuling. I have never received any such warning during 2001, and there is no such thing in my personnel folder. Do I have a case against them? Is there a way for me to bring him and his manager to an arbitration table with one of the objectives being revision of performance review?

Asked on 4/10/02, 7:14 pm

2 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Terminated wrongfully

If the company has an established procedure for discipline that they failed to follow then that might be considered a breach of contract and you could have a case.

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Answered on 4/11/02, 5:08 pm
Patty Lewis Law Office of Patricia Ann Lewis

Re: Terminated wrongfully

you may be able to file a claim with the California Department of Fair Employment and Housing (FEHA) . . . they do have certain requirements but they can investigate the claim for you and they do have a mediation opportunity . . . all for free . . . It sounds like you may have additional civil remedies for which you would need to contact an attorney . . . remember all of your claims have definite time limits for filing . . .if you miss a deadline you may have lost the opportunity to recover damages . . . do not call, but go in person to the local office near you of FEHA to start . . . also contact a lawyer . . . good luck to you . . . Patty Lewis . . .

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Answered on 4/12/02, 11:57 pm

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