Legal Question in Employment Law in California

Employee rights in California (re: termination)

My wife was recently terminated from her job after 3 weeks of employment. The termination occurred suddenly and without any verbal, written or any other type of warning. The reason given was ''did not fit''. There was no performance or any other issue, other than the fact that she was very thorough in her job and sometimes her boss was proven wrong under certain circumstances due to her thoroughness.

Are there any rights an individual has regarding sudden and unjustified termination in California?

thanks in advance


Asked on 7/27/04, 9:53 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Employee rights in California (re: termination)

You didn't state it, but if you relocated a substantial distance in reliance on your wife's job, there may be other legal issues afoot.

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Answered on 8/02/04, 11:13 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Employee rights in California (re: termination)

In California, you are tipically an employee at will and you can be let go for good reason, bad reason or no reason, as long as not considered based on discrimination issues (race, gender, etc), violation of public policy reason, whistle blowing, etc., ie, an unlawful reason. No warning, write up, etc., needed unless contract.

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Answered on 8/03/04, 11:40 am
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Employee rights in California (re: termination)

Unless your wife had an employment contract that guaranteed employment for a specified period of time, her employment was terminable at the will of either she or the employer. This means no reason is needed to terminate the employment relationship. It is particularly easier for an employer to justify termination without cause when the employee has only been there a short time, during the so called "probationary period". Unless your wife has evidence that the real reason she was let go was an unlawful one, she probably has no basis for a wrongful termination claim.

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Answered on 8/02/04, 8:56 pm


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