Q: I am a salaried manager in the restaurant industry and was furloughed then let go due to the current COVID-19 crisis.
Hours of operations were cut eliminating lunch service all week. In addition to the GM, there were 3 additional floor managers. Of the 3, I was let go. Myself and another manager were hired on the very same day last October. The third manager was promoted from an hourly position one week prior to the restaurant being shut down. She had been with the company for years, but not as a salaried manager. I do not understand why I was selected to be terminated. I have no documentations or performance issues, no counselings. I was sent a check for my PTO time and they have offered 1 week of pay as severance and a letter of recommendation pending my signing an agreement of termination. Are they able to terminate me in California in this manner?
A:
Yes.
You are considered to be employed at will. As such you can be terminated at any time and for any reason or even no reason at all. Your employer does not have to have a good reason to choose someone over you when cutting staff. Seniority is not a protected characteristic. You not have have to have been disciplined. In fact, you could have been a model employee and it would have been acceptable to terminate you. Unless you can prove you were selected for termination because you are a member of a protected class of people or because you engaged in some form of legally protected conduct, there really is no recourse for you.
Good luck.
1 user found this answer helpful
A:
The only question that I have with respect to your facts is what are the genders of the retained managers? Is there gender favoritism going on here? Another word for that is Sexual/gender discrimination. The only limit on the right of an employer to terminate and at will employee for no reason or any good reason is if they terminate for an Illegal reason, such as discrimination prohibited by the FEHA of Ca.; or making a wage claim, or any other reason against public policy.
You should explore all the facts with an attorney of your choice.
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