Legal Question in Employment Law in California

Employee Personnel Manual Conflicts With At-Will Language.

I have recently been terminated from my employment unexpectedly. My employer stated at the time of my termination that I was not performing to the company's expectations and was terminated. I had not received any previous disciplinary actions. A few weeks after this I contacted the EDD to inquire on my unemployment benefits claim. It was explained that my employer stated that I was terminated for insubordination.

My employment contract stated that I was employed on an ''at-will'' basis and there was no language or amendment to qualify. But I did come across language in my personnel manual that raises question. The manual states under the heading ''Personal Conduct & Performance'' the following:

''All employees are subject to disciplinary action for any violation of these rules.''

Under this section is the following:

''Work performance deemed unsatisfactory.''

''Insubordination.

The last statement in this section states:

''The above list of prohibited conduct is not exhaustive or all-inclusive, but is meant to be an example and although discipline may apply for a violation of any of the above rules, it in no way limits or alters the at-will status of all employees.''

Is there any grounds for wrongful termination.


Asked on 10/10/04, 12:52 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Employee Personnel Manual Conflicts With At-Will Language.

Grounds? Yes. Likely success - No. You are 'at will'. You do have grounds to appeal the EDD decision, and should. Contact me if you want counsel to represent you in that process.

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Answered on 10/12/04, 1:05 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Employee Personnel Manual Conflicts With At-Will Language.

The language you quote does not seem to alter the at-will relationship mandated by California law. However, from what you state, it seems that you should qualify for unemployment compensation.

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Answered on 10/12/04, 1:14 am


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