Q: Was I wrongfully terminated?
Hello, I have been employed as a bartender at an arena for years. I have had limited availability and haven't been put on the schedule since post-covid, but I have always attended any required training and have always remained in good standing. A few months ago they asked me to update my availability and I did just that, and I gave them 4 open days per week as they asked for. Soon after I went on the work portal to see if I had been scheduled for anything and noticed I could not log in. I sent them 2 emails asking if they could help me log in. I never received a response. I also never received the emails for the yearly orientation/training you need to remain employed,. It appears I have been terminated without cause or even notice. Is this legal?
A:
In California you are considered to be employed on an at will basis unless you have an agreement to the contrary 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. The employer has no legal duty to tell you why you are terminated, or to give you fair warning that you are going to be terminated.
Unfortunately your facts do not suggest a legally wrongful termination, even if it was unfair. The only way it could be unlawful is if you could prove you were terminated because of your membership in a protected class of people or because you engaged in some form of legally protected conduct.
Good luck to you.
A:
I'm sorry to hear about your situation. In California, most employment is "at-will," meaning either the employer or employee can terminate the employment relationship at any time, with or without cause, unless a contract says otherwise. However, an employer cannot terminate an employee for an illegal reason, such as discrimination based on race, religion, age, gender, or retaliation.
The fact that you were not given notice or cause for termination does not inherently make it unlawful.
It's essential to gather all relevant communications and documentation related to your employment, as they could be helpful in determining whether any potential wrongful termination occurred. If you believe you were terminated for an illegal reason or if there was an implied contract or other terms of employment, you might have a claim. You should seek legal counsel to review the specifics of your situation and provide guidance. Remember, every case is unique, and individual facts can greatly impact potential outcomes.
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