Q: I’m an employee for Wingstop and have been “terminated” but wasn’t made aware of why or signed anything

A: It sounds to me like you need to have a specific, confidential consultation.

Employers have no obligation to give formal notice of termination. They can simply take you off the schedule. However, if you have accrued vacation pay in the bank, it must be paid out at that time. Accrued sick pay is not something you get to take with you with terminated.

Because you do not tell us about the other violations, it is not possible to provide any guidance.

Gossip is also not unlawful.

At this point it is important 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 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.

A: I agree with Mr. Pedersen. California is a "no cause" state and does not require an employer to indicate why a person is terminated. They just can't terminate for an illegal purpose such as your age, gender, race, and even attempts to unionize. if Wingstop has a policy manual that is issued and addresses specifics on shift work changes and policies and they didn't follow them, you might have some rights/ability to get compensation for wrongful termination. I don't know if Wingstop employees are part of a union or not, but if so, you may have a union representative that can help you fight the termination too. You will need to consult with a local employment law attorney to find out what your rights are as to earned benefit pay and whether or not you have any claims for unlawful termination such as discrimination, sexual harassment, whistle-blower protections, and/or failure to follow mandated payroll guidelines. I only bring up discrimination and harassment because you mentioned gossip from the boss and the nature of that gossip may be more nefarious and proof of an "illegal reason" for termination. Don't publish facts here--talk to an employment attorney (call your local County Bar Association and they can give you the names of some employment law attorneys in your area).

A: Actually, California is an "at-will" state not a "no cause" state (which I have never heard of in 40 years of practice.) What Mr. Peterson said re: individual consult is correct, and you should do it right away. Even though employees are employed "at the will" of the employer, the employer cannot terminate for an illegal reason which is what everyone is getting at. Your comments about gossip are very important because they may be evidence of a discriminatory animus (hatred) against you on the basis of a protected classification. From the skeletal description you provided it seems like there is some fire where this smoke rises.

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