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Q: California Wrongful Termination ( No Answer,   2 Comments )
Subject: California Wrongful Termination
Category: Business and Money > Employment
Asked by: rockr-ga
List Price: $25.00
Posted: 12 Oct 2006 09:12 PDT
Expires: 16 Oct 2006 14:19 PDT
Question ID: 772922
Was my friend wrongfully terminated in California?

a) He had a performance review on 6/7/2005 and was documented as
"Meets Performance Requirements"

b) On 10/2/06 the company posted a job listing for the same position
my friend was working in.

c) On 10/3/06 my friend sent an email to his supervisor about the
methods in which he managed him, asking him to let him do his work
without interference.  This was related to a normal work task that was assigned
to him.

d) On 10/4/06 met with Finance person that was copied on the email
that was sent. My friend was told that the letter was borderline
hostile, and possibly insubordinate. My friend apologized. The finance
person said that she spoke to my supervisor but did not let him know
that she received the email.

e) On 10/9/06, after seeing much management activity, my friend had a
verbal conversation with his boss, asking to treat him fairly if in
fact they were going to make a personnel change with him.  Just a hunch
was what he had and wanted to confront his boss.

f) On 10/10/06 he was informed that he would be having his annual
performance review on 10/11/06.

g) On 10/11/06 my friend was fired for non-performance.  My friend
said that he was surprised and that he never had a chance to improve,
no documentation was shown to substantiate a poor performance record
at all during the time period 6/7/2005 --> 10/11/2006.  Also, I let
them know that I feel I was being replaced due to the job listing
being posted on 10/2/06.

Request for Question Clarification by keystroke-ga on 12 Oct 2006 10:20 PDT
This would depend wholly on what the terms of the job are. Does cause
have to be given for termination? Many employees sign statements that
they can be fired for any reason at any time.


Request for Question Clarification by czh-ga on 12 Oct 2006 10:50 PDT
Hello rockr-ga,

It sounds like your friend was "terminated for cause" because of his
performance.  What kind of work does your friend do? What was his
employee classification, i.e., full or part time, permanent or
temporary or contract, exempt or non-esempt, etc.? What type of
company does he work for? How many employees do they have? Is there an
employee policy manual or booklet in the company? What does it say
about termination for cause?  The more you can tell us, the greater
the likelihood we can get you the information you need. Thanks.

~ czh ~
There is no answer at this time.

Subject: Re: California Wrongful Termination
From: funfest-ga on 12 Oct 2006 13:18 PDT
California is an employment at will state.  You can be dismiss with OR
without cause at anytime just as you can leave a position with OR
without cause at anytime.
Subject: Re: California Wrongful Termination
From: nelson-ga on 12 Oct 2006 19:46 PDT
How exactly is this wrongful?  As long as you are not fired on the
basis of discrimination, they can can your ass whenever and whyever
they want.

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