Legal Question in Employment Law in California

I was just terminated without any prior warning for conduct or anything else. I was giving a letter that it was due to my conduct and that I never corrected my behavior after be counseled. I was never counseled nor was I ever written up for anything. I was a quality manager and feel like I was terminated because I gave one of my employees that works under me a verbal reprimand for her behavior (she called one of my other lab techs an obscene name). The employee that works under me and that I reprimanded use to work for my boss. I feel that I was retaliated by my boss because of his close relationship with her.


Asked on 8/12/10, 3:07 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

"Close relationship" isn't enough description. IF you could prove she and he were having a romantic relationship, and prove this was illegal retaliation against you because of that relationship, then you would have valid grounds for legal action. Simply being a former employee of his does not count. If you think you can prove all that, consult with a local employment attorney, and/or file your required claim of discrimination / retaliation with the Dept of Fair Employment and Housing.

Other than that, 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’, explanation or notice, 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.

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Answered on 8/17/10, 4:59 pm


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