Still out of work...is there anything I can do?

[RstBlk]

What is the name of your state? California

I was terminiated from a county job back in July and given no reason. It was my understanding that according to CA Labor Law that "employment of an unspecified term" could be terminated at will by employee or employer. "Employment of a specified term" by definition is any term of employment exceeding 30 days. So accordingly I could only be terminated due to deriliction of duties, failure to perform the job for which I was hired or direct insubordination. None of which occurred.

I have requested the reasons for my dismissal to no evail and was told "off the record" that is was due to "behavior issues" though I was never written up reprimanded or any disciplnary actions ever taken. As a matter of record my reviews were always glowing. The comments listed in my official employee record have caused me to be denied even consideration for other agencies within the county. I have lost my home, umemployment is depleated and I have been unofficialy of course blacklisted to prevent access to a file that would prove dafamation until my one year limitation on filing a law suit has expired. Unfortunately this will cause me to again lose residence for my family. Is there anything I can do? The temporary assistance pool for the county won't even return my phone calls enquiring about new positions posted on their website?

 

[mykoleary]

I have been unofficialy of course blacklisted to prevent access to a file that would prove dafamation until my one year limitation on filing a law suit has expired.

I don't know that the SOL for your accused suit is one year. BUT, if you are very confident that you have a case (talking to an atty here would help) then file suit now and subpeona the file. They are obligated to comply and will be found in contempt if they do not.

BTW, your interpretation is a bit skewed on at-will terminations.

From:
http://www.job-law.com/articles/7317.cfm?vPage=7317

The doctrine that employees can be terminated “at will”—with or without reason—has existed for more than 100 years. Montana is the only state that has a “just cause” termination statute. In all other states, the policy has been followed by the courts. In addition, California and Georgia have statutes permitting such terminations.

 

[RstBlk]

My belief is actually based on standing California Labor Code

"California Labor Code"
LABOR CODE SECTION 2920-2929

"2922. An employment, having no specified term, may be terminated at
the will of either party on notice to the other. Employment for a
specified term means an employment for a period greater than one
month."

"2924. An employment for a specified term may be terminated at any
time by the employer in case of any willful breach of duty by the
employee in the course of his employment, or in case of his habitual
neglect of his duty or continued incapacity to perform it."

Let me also say I am an IT Technician this was only my interpretation of the information I found...however the link you cited has been very helpful indeed and I appreciate your opinion I now believe there are at least 2 other avenues I can pursue...if I can find adequate representation. Thanks again...

Do I have a legal right to my employee record for my records to see what is actually in there or am I just spitting in the wind?

P.S. If anyone else has differing opinions on this matter please dont consider thismatter closed...I am open to any and all help I can get with this.

 

[mykoleary]

My interpretation of the Labor code is that employment that is covered by the specified term clause is employment where in the contract to start work, a term is specified, and that term is greater than one month.

It does not sound like just working at a place as an at-will employee for over a month means you are now on a speciofied term and no longer at-will.

I took a spin through the CA labor code to see if it had mention of personnel files, but I didn't see anything. My search was not the best laid one however, so you may want to give that avenue another try.

 

[divgradcurl]

mykoleary is correct -- that section of the labor code only applies when there is a written employment contract with a specified term, that is a 6 month contract or whatever. Employment otherwise is at will.

One question though, to the original poster -- you mentioned you worked for the couty -- were you an employee of the government, or were you an employee of some contractor for the county? If you were working for the county government directly, you should find out if there was an employment contract in place. Also, were you a member of a union?

"The comments listed in my official employee record have caused me to be denied even consideration for other agencies within the county"

Are you sure about that? In any event, you have the right to view your employee records under California Labor Code 1198.5. Further, you have a right to copies of anything in your records that bears your signature, under Labor Code 432. Send them your request to view the records in writing, certified return recept requested.

"I have lost my home, umemployment is depleated and I have been unofficialy of course blacklisted to prevent access to a file that would prove dafamation until my one year limitation on filing a law suit has expired."

If you think that you are being given poor references, you can check your references; there are services that will call up your employer, ask for a reference, and then report back to you what they found. Here's a couple of examples; the first one, Documented Reference Check, actually uses a court reporter to type out EVERYTHING the emploter says, exactly as they say it. The other one probably does as well.

http://www.badreferences.com/
http://www.jobreference.com/index.htm

If what they are saying is really true and unfounded, then you can discuss your options with a lawyer.

 

[RstBlk]

References are not called for inside the Counties orginaztional structure the simply check the employee record through HR you never even know. There is the problem prior to this incident...I was contacted for inter county transfers I even interviewed for an ITO III position however after this I can not even get a returned phone call from the temporary assistants pool for Help desk support technician. You can do the math. Yet they will not let me see the employee record or what this individual wrote to support my being released. Yes I was in a union and although I was having fees taken from my paycheck because I was in a transitional position from tempory to permanent they said I have no protection fromt he union...which makes wonder what my money was being taken for??? I will try requesting the records as you previously stated and se what happens I appreciate your input and if anything else comes to mind that my assist me please post it or email me directly...again thank you.

 

[RstBlk]

RE:

"2922. An employment, having no specified term, may be terminated at
the will of either party on notice to the other. Employment for a
specified term means an employment for a period greater than one
month."


Where is this language does it imply that this is only in matters of contract agreements? I hope this doesn't sound snotty it is not meant that way I am just trying to understand this better.

It specifically reads "employment" not contracted employment so where does this support only contracted employment?

 

[ShyCat]

It doesn't read "employment". It reads "employment for a specified term". How can you believe that "employment for a specified term" does not involve a contract? Where else would the term be specified?

 

[divgradcurl]

Shycat is right about the contract stuff.

"Yes I was in a union and although I was having fees taken from my paycheck because I was in a transitional position from tempory to permanent they said I have no protection fromt he union...which makes wonder what my money was being taken for???"

Who is "they"? If you are part of a union, there arte certain steps that have to be followed in order to fire you -- you need to check with your union . If you don't get anywhere with the union, then you should contact the California Public Employment Relations Board for further information, or perhaps to fie an "unfair practices" charge with them.

Further, since you were a public-sector employee, there are certain other "due process" rights, as along as you worked for them longer than any "probationary period" you might have had. In general, there are certain "rights" that a public sector employee is entitled to -- written notice of the grounds for termination, an opportunity to respond, an evidentiary hearing, and a right to back wages if you prevail in the evidentiary hearing. However, any and all of these general rights may be modifed if you are working under a collective bargaining agreement or memorandum of understanding with the union.

So, you should contact the Union, and perhaps also the Public Empoyment Relations Board, and see where you can go from there.