Q: In California, are there grounds for a wrongful termination suit other than discrimination or breach of contract?

If a company in california is an at-will employer, do they need to justify a reason for termination. I was recently fired and the company reports "inappropriate workplace behavior", of which they will not give me details about the complaint. They have offered, and we are currently in talks, for a severance package, and I have been told that I will find out more of what I did only AFTER I sign the severance agreement. This termination was completely unexpected and the company seemingly did not follow several company policies regarding disciplinary actions. I am a physician and I was also under the impression that in CA, doctors work for other doctors, yet the CMO (my immediate supervisor) was not involved and her signature was not on the termination paperwork. On my last day, I was given the executive walkout and I still have no idea what I did to have lost the job? Do I have any recourse? And how is it that I would get a severance after being fired for the alleged behaviors?

2 Lawyer Answers
Louis George Fazzi
Louis George Fazzi
Answered
  • Employment Law Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: I see numerous unanswered questions. First, who was your employer, i.e. signed your pay checks? Second, there must be an employee handbook which sets out the employers policies and procedures. Is there an HR department? I suggest you go to the HR department and make a report of what they are trying to do to you, and ask for any help they can offer to make sure the process is open and transparent.

I would caution you not to sign anything until you have been given the nature of the charges against you and had an opportunity to respond to them. There is something very fishy here.

I have a friend in the Sacramento area you may want to contact. Attorney Brooks Cutter. He is very capable and is a fighter for his clients, and I believe he has expertise that will help you.

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: If you're an at-will employee, then no cause is required. Still a termination may be illegal, e.g., discrimination, retaliation, or other reasons. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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