Legal Question in Employment Law in California

before i was fired, i was suspended for 3 days, then fired on the day i was to go back to work. my employer said she included pay for my 3 day suspension. whats the catch behind that? and also, if i reported an incident to a weekend manager (over the weekend of course) and not to admin., is that still considered "not" reporting an incident? and still be discharged for it?

Asked on 12/13/12, 12:52 pm

2 Answers from Attorneys


Your question is not clear about reporting an incident. There are different ways of reporting accidents. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 12/13/12, 2:01 pm

Terry A. Nelson Nelson & Lawless

To put your mind in focus:

Not only are there no laws against poor management, 'unfair treatment', or rude, obnoxious or harassing behavior by management or other employees, but in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or terminated any time for any reason, with or without ‘cause’, explanation or notice. That is, UNLESS the conduct is based upon discrimination, harassment or retaliation as defined as actually ‘illegal’ under the ADA, Civil Rights, FMLA, Whistle-blower, or similar statutes. Any employee's goal should be to keep their supervisors happy and make them look good to the company, and make the company money. That’s how the company pays employee wages. If you don't, then don't be surprised to be replaced.

You have not described anything that seems to fall within those categories. Apparently you got fired not because you reported something illegal and were retaliated against, but because you didn't report something correctly per their policy.

Apply for unemployment and look for a new job is your option now.

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Answered on 12/13/12, 2:11 pm

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