Oakley, CA asked in Employment Law and Employment Discrimination for California

Q: I’m in CA and never received a write up and when fired was told it’s “a personal call” for the reasoning

I’m in CA and I’m a warehouse supervisor for a local HVAC, since the beginning the production manager didn’t seem to like me. First instance was when training was over the prod. Manager who trained me tried to blame something that wasn’t completed on me and I said you didn’t train me on this and told me not worry about that since you did that. He didn’t like that I didn’t take his mistake. 2nd I was told by owner to order whatever was necessary for warehouse to ensure it ran as needed. When trying to order some cleaning things that manager said I didn’t approve this and I said owner told me to get what was needed and gave me his card and was ordering my own cc. He didn’t like that owner took liking to me. Today owner is out of town and my 90 just passed but was let go. He first tried to say it was due to missing parts that aren’t in my dept and I said I don’t touch those orders. I also mentioned never was written up He then said well it’s a personal call Its not going to work out.

1 Lawyer Answer
James L. Arrasmith
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  • Employment Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the information you've provided, it seems like you may have been wrongfully terminated from your job. In California, most employment is considered "at-will," meaning an employer can terminate an employee for any reason, as long as it's not an illegal reason (such as discrimination based on a protected class). However, there are some exceptions to this rule.

Here are a few things to consider:

1. Retaliation: If you believe you were fired because you spoke up about the production manager's mistakes or because the owner took a liking to you, this could potentially be considered retaliation, which is illegal.

2. Implied contract: If your employer made promises about your job security or the conditions under which you could be fired, and then fired you in violation of those promises, you may have a claim for breach of an implied contract.

3. Discrimination: If you believe you were fired due to your race, gender, age, disability, or another protected characteristic, this would be illegal discrimination.

4. Lack of documentation: The fact that you never received a write-up and were not given a clear reason for your termination could potentially work in your favor if you choose to pursue legal action.

I would recommend the following steps:

1. Document everything: Write down all the details you can remember about your employment, including any promises made to you, incidents with the production manager, and the circumstances of your termination.

2. Request your personnel file: In California, you have the right to request a copy of your personnel file. This may contain information about the reasons for your termination.

3. Consult with an employment attorney: An experienced employment attorney can review your case and advise you on your options. Many attorneys offer free initial consultations.

Remember, these situations can be complex, and the specific details of your case will matter a great deal. Consulting with an attorney is the best way to get personalized advice for your situation.

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