Can I be fired by my employer for the following in California? I was put into a role that was previously held by 2 senior managers. I didn't get a promotion or an increase and they put a junior analyst under me. I was never changed in the system to a Mana

This certainly sounds unfair! Unfortunately, it is probably perfectly legal. Employees and job applicants have very few employment rights, and employers have a lot of leeway in how they choose to run their businesses. In general, an employer can be unfair, obnoxious or bad at management. And an employer can make decisions based on faulty or inaccurate information. An employer has no obligation to warn an employee that he or she is not performing as the employer wants. It’s not a level playing field. An employer hires employees to provide work for its benefit, not for the benefit of the employees. Don't expect the employer to take care of its employees; it doesn’t have to and it rarely does.

There are some limitations on what an employer can do, mostly in the areas of public policy (such as discrimination law or whistle blowing), contract law, union-employer labor relations, and constitutional due process for government employees. Please see my guide to at-will employment in California which should help you understand employment rights: http://www.thespencerlawfirm.com/pdf/tslf-at-will-california.pdf. After you take a look at the guide, you may be able to identify actions or behavior that fits one of the categories that allows for legal action. If so, an experienced plaintiffs employment attorney may be helpful.

Employment rights come from the state and federal legislatures. One of the best things people can do to improve their employment rights is vote for candidates with a good record on pro-employee, anti-corporate legislation. Another way to protect employment rights is to form or affiliate with a union, or participate in a union already in place.

I hope there is a good resolution to this situation.

posted by Marilynn Mika Spencer  |  Dec 18, 2016 3:48 PM [EST]

If you are an-will employee, you can be terminate for any reason or no reason (except for discriminatory or retaliatory reason). If the employer chooses to terminate you for something you said, this would not be illegal, regardless of whether what you said was true and factual or not.

Thanks,

Arkady Itkin

posted by Arkady Itkin  |  Dec 18, 2016 11:57 AM [EST]