Legal Question in Discrimination Law in California

Hiring Friends, giving current employees the boot

Is it legal for employers to fire you without cause just so they can hire their friends? I work at a company where when senior management changes they fire the subordinate employees and bring in a totally new management team. I am an excellent employee, never received a reprimand and this is not due to a reorganization or downsizing (although that is frequently the excuse). I am 40 white male and the two people in our office they have fired were white males over 40 and they were in senior level positions. They tell us not to be worried but then they still go around firing people like this. Any advice is greatly appreciated.


Asked on 2/19/02, 3:34 am

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Hiring Friends, giving current employees the boot

Nepotism is not illegal and employers can terminate without cause, unless you have a contract that says otherwise. What should be examined is whether the intent or effect of the terminations is discriminatory based on age or some other category that is protected by law. If the company systematically replaces people over 40 with people under 40, you may have a case of age discrimination.

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Answered on 2/20/02, 1:06 pm
Christopher Knowdell McCormack & Knowdell

Re: Hiring Friends, giving current employees the boot

In general an employer can terminate an at will employee without cause as long as the termination does not violate a law or is discriminatory.

If you have an employment agreement or if your employer made certain promises regarding your employment either verbally or for example in an employee handbook, then its possible that your employer could only terminate you for good cause. If you are a long term employee it may be possible to argue that there was an implied contract.

Age discrimination is illegal, but difficult to prove.

A written employment contract specifying the grounds that the employer could terminate you would be your best protection, but most employers will not enter into such an agreement unless the employee is critical to the business.

I'd get any promises from your employer in writing.

I would recommend consulting with an attorney if your employer does terminate your position.

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Answered on 2/20/02, 1:16 pm


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