Van Nuys, CA asked in Employment Law and Civil Rights for California

Q: Can you be fired because someone does not like you?

was hired at a food place this weekend I thought I was doing my job correctly but on the third day the business owner informed me I had to be let go because the shift manager did not like me I also think they let me go so suddenly because they replaced me with a friend of the manager in this same shopping center I was hired about a month ago but the cashier manager also did not like me she didnt even give me a chance to stay for an hour and told me to leave because she did not want me

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2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: There is nothing unlawful about terminating an employee because of a personality conflict, bad blood from a prior experience, or other reason associated with someone not liking someone else. However, if it can be proved that the real motivation is dislike of your race, religion, gender or any other immutable characteristic that is protected by the law, such action would be unlawful as a violation of the Fair Employment and Housing Act and other protective statutes.

If you think an unlawful motive can be proved then it would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law work offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

Tim Akpinar and Joseph Franklin Klatt agree with this answer

Joseph Franklin Klatt
Joseph Franklin Klatt
Answered
  • Civil Rights Lawyer
  • La Jolla, CA
  • Licensed in California

A: Almost all employment in California is "at will." You can quit at any time, and the employer can fire you at any time, and for reason. The exceptions are when the termination violated public policy, such as firing someone because of a protected characteristic, such as race, ethnicity, national origin, sex, gender, sexual orientation, handicap, etc, or in violation of a law, e.g. retaliation against a whistleblower. The employer not liking you (it's not a good fit) is perfectly, generically acceptable, if it is true.

You should look into claiming unemployment benefits, because such a termination is not for any "misconduct" on your part, and you may very well be entitled to unemployment while you look for another job. Talk to a local employment attorney if you have any questions.

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