Legal Question in Employment Law in California

What are my rights as an employee to prevent wrongful termination?


Asked on 9/20/12, 9:21 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Rights?

Employees have the 'right' to pay per the state minimum wage and hour laws and any formal company policy on benefits that may be in place, the right to be provided a 'safe' workplace to minimize risk of injury, and sometimes are entitled by law to certain medical/pregnancy leave rights. That's about it. 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 [disability], Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], FMLA [medical leave], 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. Now if the conduct was illegal under the above definitions, feel free to contact me for the legal help you�ll need. ed.

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Answered on 9/21/12, 2:33 am


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