Legal Question in Employment Law in California

I have been working at a factory for 20 years and was a team lead, is it legal for them to take of my position and hire people and slowly replace me or make me quit?

Asked on 4/25/11, 3:00 pm

2 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 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 and make the company money. That�s how they pay your wages. Now if the firing was illegal under those definitions, such as age discrimination, feel free to contact me for the legal help you�ll need.

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Answered on 4/25/11, 3:20 pm
Terry A. Nelson Nelson & Lawless

Follow up. No one can 'make' you quit. That is a decision only you can make. I should have explained, that if you can somehow demonstrate you are being 'pressured' because of age discrimination or some other of the discrimination categories, you could have grounds for legal action, even without being terminated. It would take more than your speculation. If you think you can show that, feel free to contact me.

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Answered on 4/25/11, 3:31 pm

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