keshat said:
in california. i worked for a company for over 1 year but was looking for different job because of extensive overtime. over a month ago i found it. threre were no papers to fill out or sign. the company does not have company manual. yesterday i had to go home because of the food poisoning. i received a phone call 1/2 after i got home. one of the partners said that they would not be needing me anymore. in response to my question why? he said that there were 2 projects that he gave me and i did not complete. i told him that it is not true and they are ready for his review on which i got: "ye, right, anyway have a nice life". basically i left a stable job to be fired with no reason. is there anything i can do. Mostly i want to at least give them something to worry about.
My response:
California constitutional and statutory limitations on at-will doctrine - -
The limitations on an employer to terminate an employee at-will in California are varied and evolving. Explicit constitutional protection against discriminatory termination by private and public employers, together with a significant number of statutory limitations and prohibitions, establish recognized rights and privileges.
Some statutes contain express prohibitions regarding termination of employment. [See, for example, Lab C §1044 (prohibiting termination solely for illiteracy); see also, Lab C §230 (prohibiting termination for taking time off to serve as juror)] Others—although not explicitly prohibiting termination—may provide a basis for tortious termination of an employee in contravention of a fundamental public policy. [Gantt v Sentry Insurance 1 Cal 4th 1083, 4 Cal Rptr 2d 874, 824 P2d 680 (public policy must have basis in constitution or statutory provisions); see, for example, Rojo v Kliger (1990) 52 Cal 3d 65, 276 Cal Rptr 130, 801 P2d 373 (employment sex discrimination prohibited by Const Art I §8 reflects fundamental public policy against discrimination in employment by both public and private employers) see also, Jennings v Marralle (1993, 4th Dist) 17 Cal App 4th 177, 21 Cal Rptr 2d 562 (FEHA provides necessary statutory public policy to support common-law wrongful termination age discrimination claim)]
Some significant California constitutional and statutory limitations on an employer’s ability to terminate an at-will employee include:
(1). Const Art 1 §1. [inalienable rights; see Semore v Pool (1990, 4th Dist) 217 Cal App 3d 1087, 266 Cal Rptr 280 (employee terminated after refusing random drug test may assert cause of action under public policy violation exception to at-will doctrine relying on constitutional right to privacy which is applicable to private employers as well as government agencies); see also Luck v Southern Pacific Transportation Co. (1990, 1st Dist) 218 Cal App 3d 1, 267 Cal Rptr 618 (in context of breach of covenant of good faith and fair dealing, right to privacy applies to urinalysis testing and prohibits infringement of right by private employers)]
(2). Const Art 1 §8. [employment discrimination]
(3). Arrest records. [Lab C §432.7(a) (prohibiting public or private employer from using arrest record not resulting in conviction as factor in termination)]
(4). Discrimination under Fair Employment and Housing Act (FEHA) [Gov C §§12900 et seq.]:
(a). Civil right to hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sex, or age, or sexual orientation[Gov C §12921(a)];
(b). Unlawful employment practices, including termination based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex, or sexual orientation [Gov C §12940(a); see also Gay Law Students Asso. v Pacific Tel. & Tel. Co. (1979) 24 Cal 3d 458, 156 Cal Rptr 14, 595 P2d 592 (employer policies against suspected homosexuals outlawed as compelling gay workers to forego civil rights and hide their sexual orientation)];
(c). Termination based on age [Gov C §12941];
(d). Forced retirement [Gov C §12942];
(e). Termination of female by school district because of pregnancy [Gov C §12943];
(f). Termination of female by any employer because of pregnancy, childbirth, and related conditions [Gov C §12945]; and
(g). Family care and medical leave [Gov C §12945.2(l)(1) (prohibiting termination of employee exercising rights under the Act)].
You are cautioned that the various provisions of Gov C §§12900 et seq. have administrative requirements that may be prerequisites to filing suit for the discrimination under the statutes.
(5). Election officer. [Elec C §1655Elec C §12312 (prohibiting termination of employee because of absence while serving as election officer on election day)]
(6). Illiteracy. [Lab C §1044 (employee not subject to termination due to illiteracy)]
(7). Injured worker. [Lab C §132a(1) (prohibiting termination of employee exercising rights under Workers’ Compensation provisions]
(8). Jury duty or witness. [Lab C §230 (prohibiting termination of employee taking time off to serve as juror or appear as witness)]
(9). Labor union. [Lab C §923 (prohibiting termination of employee for joining labor union)]
(10). Military service. [Mil & Vet C §394 (prohibiting termination of employee for performing military duty or training)]
(11). Political activity. [Lab C §1102 (prohibiting termination or threat of termination of employee to coerce or influence political activity of employee); Lab C §1102.1 (extends Lab C §§1101 and 1102 to discrimination based on sexual orientation); Gay Law Students Asso. v Pacific Tel. & Tel. Co. (1979) 24 Cal 3d 458, 156 Cal Rptr 14, 595 P2d 592 (employer policies against suspected homosexuals outlawed as compelling gay workers to forego civil rights and hide their sexual orientation)]
(12). Performance of emergency duty as volunteer firefighter. [Lab C §230.3 (prohibiting termination of employee taking time off for emergency duty as volunteer firefighter)]
(13). Polygraph. [Lab C §432.2 (prohibits private sector employers from terminating employees for refusal to take polygraph test)]
(14). Refusing to participate in abortion. [H & S C §25955(a)H & S C §123420(a) (prohibiting termination of person refusing to participate in abortion)]
(15). Reporting patient abuse. [Gov C §12940(e) (prohibiting termination of person reporting suspected patient abuse); Pen C §11161.8 (requiring report of patient abuse and prohibiting termination of person making report)]
(16). Required appearance in school after child suspended. [Lab C §230.7 (prohibiting termination of employee who is parent or guardian of pupil for taking time off to appear in school after pupil suspended)]
(17). Visit to child’s school. [Lab C §230.8 (prohibiting termination of employee taking off 440 hours each school year per child to visit child’s school)]
(18). Wage claims. [Lab C §98.6 (prohibiting termination of employee exercising rights under jurisdiction of Labor Commissioner); Lab C §98.7 (investigation of employee complaint of wrongful termination; judicial relief)]
(19). Whistleblowing:
(a). Whistleblowing to government. [Lab C §1102.5 (prohibiting termination of employee in retaliation for reporting suspected violation of law to government or law enforcement agency)]
(b). False claim action. [Gov C §12653 (prohibits termination of employee exercising rights under Gov C §§12651 and 12652 by participating in false claim action)]
California constitutional and statutory limitations on at-will doctrine :
Cases
Maurey v. University of Southern California (C.D. Cal. 1999) 87 F.Supp. 2d 1021, 142 Ed. Law Rep. 946 (Under California law, employer’s orientation session at which new hire was told that employer "would always work hard to retain [him] and help [him] grow in [his] career" did not modify or negate express at-will clauses in employment contracts.)
Maurey v. University of Southern California (C.D. Cal. 1999) 87 F.Supp. 2d 1021, 142 Ed. Law Rep. 946(Under California law, statutory presumption of at-will employment may be modified by evidence of an express written or oral employment contract, or by evidence of an implied-in-fact employment contract. [California Labor Code §2922])
IAAL
