Legal Question in Employment Law in California

I recently got terminated from my job of 14 years almost 15 years for improper job procedures. They terminated me without any current write ups on file. I had a final corrective, but that ended in January 13.Now they want me to come back with a write up on my file, which makes me eligible to transfer. I also wouldn't be receiving a increase for the third year in a row. My manager called and left a message yesterday, that he wants to talk, but I don't know what to do. Do you think I might have a case or would it be better to return to work, until I find something else?

Asked on 5/23/13, 2:05 pm

3 Answers from Attorneys

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 terminated any time for any reason, with or without ‘cause’, explanation or notice. Your goal should be to keep your job, at least until you find another.

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Answered on 5/23/13, 2:11 pm

Timothy McCormick Libris Solutions - Dispute Resolution Services

Mr. Nelson is right. Nothing in what you describe would give you any kind of legal case against your employer. Unless you have proof of illegal discrimination based on something like race or gender, or illegal retaliation for protected activities, such as filing a legitimate wage claim with the Labor Board, your employer had every legal right to terminate you for any or no reason. If you can get your job back while finding another, be thankful.

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Answered on 5/23/13, 2:18 pm
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

An "at will" employee can be "let go" anytime for no reason unless there is a contract to the contrary, a union, etc.

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Answered on 5/23/13, 5:07 pm

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