Legal Question in Employment Law in California

I work for BJ's restaurant and I feel that my General Manager doesn't really like me. I have a friend who used to work with me at Applebee's and we were both servers. Prior to BJ's Applebee's was my only serving job. So I referred her to my managers. She passed the 1st and 2nd interviews. When it came to the final with my General Manager he told her no because "I feel that your experience at Applebee's won't blend well with us here." Is this legal? I mean we both worked there. How can I be hired and she not be and this be the reasoning?


Asked on 7/07/10, 4:00 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

She probably didn't wear enough "flair." But seriously, it's a private business and they can discriminate for any crazy reason they like as long as it's not based on one of the illegal reasons such as race, gender, age, etc.

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Answered on 7/07/10, 10:23 pm
Terry A. Nelson Nelson & Lawless

Legal?? You need to understand reality. Nobody said life, or employment, was fair or had to be 'nice' to you.. Employees have the 'right' to pay and employee benefits per the law and company policy as agreed, to be provided a 'safe' workplace to minimize risk of injury, and sometimes are entitled to certain medical/pregnancy leave rights. That's about it. 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.

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Answered on 7/08/10, 11:12 am


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