Is it unlawful termination if you were terminated because the person whom you were replacing rescinded their resignation?

In interview with PVE, i was asked about my knowledge on excel, specifically pivot tables and i told them i didn't but could easily learn since i was familiar with the software.
I was offered the position and started work on Feb. 16, 2015. During this week, the person i was to replace was taking the time to train me on how PVE accountants like their invoices reconciled. After filling two notebooks worth of instructions, the following week I was confident in replicating the process. Once I finished, I asked my trainer to review my work for accuracy. I had missed the pivot table and did not write down the instructions on how to accomplish this in my notes. I wrote it down and completed the assignment.
The following week, their was another invoice due and again, i followed her instructions and created the reconciliation as she had instructed. I verified this by comparing my work to what she had done the month before. That week, i also overheard my superiors say that i was "a great hire". This boosted my confidence and i continued my day as usual.
It wasn't until 3pm that i was called into the bosses office. She said she liked to give people feed back in their first few weeks of employment. Which i was receptive to constructive criticism, best way to learn. Out of no where she said she had serious concerns with me. That because of the mistake i made on the reconciliation, she felt that i wasn't the right candidate after all. I asked what invoice she was speaking about and she said it was the mistake with the pivot table. That she needed someone up and running, she didn't have the time to train and because of this i was terminated. She continued to say that i was a good person and employee and if she had another position she would consider me for it but this one was not a good fit.
I signed my letters of termination. Left my name tag, handbook and keys and was escorted to my car by security. All the while crying from shock that I had been terminated. I have never been terminated.
Today i found out that the girl i was replacing is still there and she rescinded her resignation and that's why i was terminated.
It wasn't because of the pivot table mistake but because she decided not to leave.
It was good to hear, after two weeks of a pity party i had for myself, that i was not the person in the wrong here. I played back that last day and the little things i experienced made sense The girl training me didn't sit with me or look over my reconciled report. As i was leaving, my direct supervisor looked sad as I walked past her.
Was this an unfair or unlawful termination?

1 answer  |  asked Mar 20, 2015 4:30 PM [EST]  |  applies to California

Answers (1)

Marilynn Mika Spencer
You asked if this is an unfair termination, and very likely it is unfair. But no law requires an employer to be fair. Unfortunately, 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.

What it sounds like is that the employee you replaced may have wanted more money or to havem ore status, or something; the employer declined to pay more or offer more; the employee gave notice; then either the employer changed its mind and offered more, or the employee decided the job market wasn't good and rescinded the resignation. None of that is illegal.

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'm sorry you went through this experience. You might ask your supervisor if she or he will serve as a reference for you, and you can ask for a written reference that says more than just name, dates of employment, etc. You can ask for a letter that talks about your accomplishments or good attitude or whatever.

I hope you can find replacement employment soon.

posted by Marilynn Mika Spencer  |  Mar 20, 2015 4:40 PM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?