Scotts Valley, CA asked in Employment Discrimination and Employment Law for California

Q: I was fired for texting my boss asking for her to not yell at her staff. Is this wrongful termination?

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

A: The answer to your question depends on a lot of information which is not included in your short note.

It depends on many factors, such as how long you worked for this employer, whether there were any policies regarding how long you could be employed, any promises made to you about the job or how long it might last, and many other factors as well.

I suggest you prepare a chronology of the events leading up to your firing, naming all witnesses, and compiling all your work related documents, then contacting an employment lawyer who helps employees in wrongful termination cases.

That should get you started in getting a good answer to your question.

Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: No, it is very likely not wrongful termination.

You are considered to be employed on an at will basis unless you have an agreement to the contrary about that status with your employer. The employer of an at will employee can terminate that employee at any time and for any reason or even no reason at all. Texting your boss to tell him or her that they should not yell at the staff is not protected conduct.

Good luck finding your new job.

Brad S Kane
Brad S Kane
Answered
  • Employment Law Lawyer
  • Los Angeles, CA
  • Licensed in California

A: Being fired for asking your boss to not yell at staff in a text might be considered a protected activity, i.e. opposing illegal conduct, if the boss was engaged in illegal discrimination or harassment. It is not illegal to be a bad boss, unless the behavior is motivated by hostility toward a protected class like race, religion, gender, gender expression, sexual orientation, pregnancy, military service, disability, or opposing illegal conduct.

Thus, much more needs to be known. Most employment lawyers provide a free consultation.

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