What can I do if I believe that I was wrongfully fired?
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What can I do if I believe that I was wrongfully fired?
I was told of no write-ups. My schedule always got switched around without my knowledge or being told about it. I’ve injured myself in this company twice and right after I get back from workers comp after burning my hand with hot oil. I got terminated because I was using the restroom and they took it as abandoning my job because the server forgot that I went to the bathroom. They were looking for me and called the manager and said I was nowhere to be found when I was in fact in the bathroom. There is more to it I just don’t know what to do because I loved that job and this came out of nowhere and I feel that I’ve been wronged.
Asked on June 12, 2019 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Unless the circumstances of your termination violated the terms of an employment contract or union agreement, it was legal. The fact is that most work arrangments are what is known as "at will. This means that a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). Accordingly, a worker can be fired for any reason or no reason at all, with or without notice.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Unless the circumstances of your termination violated the terms of an employment contract or union agreement, it was legal. The fact is that most work arrangments are what is known as "at will. This means that a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). Accordingly, a worker can be fired for any reason or no reason at all, with or without notice.
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