Legal Question in Employment Law in California

Is it wrongful termination if your employer fires you after a verbal agreement? The reason for the firing was becuase of workers availability, but the availability had already been approved, and wasn't asked to change it.


Asked on 6/14/10, 9:42 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

For employment, California is an "at will" state, so unless there is a written contract, union agreement, public entity employment, violation of any of the anti-discrimination laws, or clear oral statement as to employment, you can be fired without any reason for it.

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Answered on 6/15/10, 6:39 am
Terry A. Nelson Nelson & Lawless

The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, etc. just not retroactively. 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 [age], Civil Rights [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 6/15/10, 10:32 am


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