Can an employer in California terminate my wife?
Question:
Answer:
Legally you can be terminated for any reason the employer has. Although the other answerer is correct in saying that if company policy dictates that a warning be given first, she would have a case to sue for wrongful termination.
Obviously, her manager is looking for a reason to can her. That, in and of itself, should be reason for your wife to begin a job search as quickly as she can. Who would want to work for someone that doesn't want you there?
Good Luck
Legally yes, since she wasn't terminated under any protected reasons. It doesn't, however, prevent her from filing a lawsuit. Usually all it takes is a discussion with HR to ensure the facts are known. If that doesn't work, the threat of a lawsuit may prevent a termination.
She did call, so she put that in writing and submit it to human resources for her file. If it is a job that she can be easily replaced, then they may fire her...and you can take the time to fight it. The problem is...this is time consuming, and is she prepared to work in a place in which she will now be looked at under a microscope for every little thing. Terminated or not...she should start looking for another job.
The devious side of me says to tell her to report her manager for harrassment or something. They won't want to be sued for not doing anything, so the gold treatment will begin. (I didn't say this by the way.)
Well, first, she called before and she showed to work, that form is not valid. The problem is if she just left a message on their system. Just get the telephone records showing that she called. And tell her to ask what their policy says about warnings. Because, if everybody else gets warning first and she didn't, that is illegal, is called "targeting". Tell her to go talk to Human Resources.
Was there a letter of agreement signed? Read and look for the terms discharge "at any time." The California high court has said that employers may rely on clearly worded and unambiguous statements of at-will status, where the individual has understood, agreed, and accepted the terms. Using additional language to indicate that "at will" means "at any time" does not, by implication, leave the door open as to whether an employer must show cause for discharge.
If your wife feels she is the victim of wrongful termination/discrimination, the Federal Equal Employment Opportunity Commission, which enforces Federal anti-discrimination laws, is a good source of information. You can find it on the web at www.eeoc.gov. Or you could call the California Department of Fair Employment and Housing, which enforces state anti-discrimination/employment laws. Nolo Press (www.nolo.com) has some good information about your rights in the workplace. Just click on the ''rights and disputes'' tab at the top of the homepage and scroll down to ''employee rights.'' Also, for women, there is a nonprofit in SF called Equal Rights Advocates that has a hotline you can call for free information. You can find them on the web at www.equalrights.org. Your wife can call: The Employment Law Center 415-864-8848 OR, the Golden Gate Women's Employment Law Clinic which is 415-442- 6647
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