Legal Question in Employment Law in California

Wrongful Termination

My boss and I are having a dispute over time off. I requested two days off over 2 weeks ago to which he denied. These were to be unpaid and I am almost at the end of my initial probation period (began this job 6/1/06) While this leave is business related (my own personal business affairs outside of this position) he refuses to reconsider and I informed him today that I would have to take the time regardless of his decision. He has threatened to fire me. I am scheduled to take this time off begin Friday, July 14th. He is threatening to fire me as of Thursday. Is this legal? Can he fire me for something I haven't done yet? I have not been received anything in writing and he was never able to provide me with an employee handbook, so I don't know what their probation policy is and what the termination policy is either.


Asked on 7/12/06, 6:36 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Wrongful Termination

Yes, you can be terminated for no reason or any reason, so long as it's not illegal -- like discrimination or whistleblowing. If the boss reneged on a promise, that's a different story. You state, though, that this is an ongoing dispute. You'll have to make an informed choice as to where you'd like to work beginning Thursday.

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Answered on 7/17/06, 6:52 pm
Terry A. Nelson Nelson & Lawless

Re: Wrongful Termination

Legal to fire you? Of course. You're an at will employee that can be fired for any reason [or no reason], and you're still on probation. You either keep the company happy, or you get fired, your choice.

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Answered on 7/17/06, 8:02 pm


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