Legal Question in Employment Law in California

Hello.

6th year on my job, my current manager gave me a very unfair performance review (after I completed lot of work as she wanted and tolerated silently all the micromanagement and sometimes even unprofessional manners during meetings). She "advised" me to leave the company (after finishing the one last piece of task which she personally doesn't have the skills to do), claiming that I haven't met her job requirement "despite our mutual efforts". The performance view was carefully spinned and gave a distorted picture, including citing a co-worker's feedback, which, although anonymous, was obviously misled and cut-paste from a longer version that could have given a more balanced view.

Our HR seemed to favor her without listening to me at all, and hinted that I just give in -- in exchange of a separation package vs. firing.

I feel unfairly treated and the upcoming employment dismissal is wrongful. I wonder what are my rights ? How may I react in this kind of situation? I am a Hyatt Legal subscription member.

Thanks!


Asked on 8/02/10, 11:02 am

2 Answers from Attorneys

Unless you have a personal employment contract, or are a union member, they can fire you because they don't like the color of your socks if they want to. The only firing that is illegal is if it is for discrimination against you based on a protected classification such as race. That is what at will employment means. HR is never going to make a supervisor work with a subordinate that they don't like working with, no matter how fair. Work isn't about fair, its about the business of the company, and no matter the reason if a supervisor is not happy with an employee that is a conflict that impairs the business of the company.. So unless they fire the supervisor, you are going to go. If they are offering you a severance package, and not claiming you are fired for cause, so you can get unemployment, then take it and find a better job.

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Answered on 8/07/10, 12:28 pm
Terry A. Nelson Nelson & Lawless

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 fired any time for any reason, with or without �cause� or explanation, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy. Unless you fall into one of those protected categories and can prove discrimination, try to negotiate a severance package, and look for new work.

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Answered on 8/08/10, 1:58 pm


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