What are my right if I was laid off for “position elimination” but 2 days later the position was given to another manager?
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What are my right if I was laid off for “position elimination” but 2 days later the position was given to another manager?
This manager was given a poor review and was set up with a “developmental plan” to monitor and improve his performance. I, in turn, got a similar review and not given the same opportunity for a “development plan”. I am a female in her early 50’s. The other manager is a male in his 30’s. My direct boss gave me a glowing review but it was edited and changed by his boss to reflect a more average/less than average performance.
Asked on May 16, 2012 under Employment Labor Law, California
Answers:
Aryeh Leichter / Leichter Law Firm, APC
Answered 12 years ago | Contributor
An employer may terminate an employee for any reason or no reason as long as it's not an unlawful reason. The fact that your employer may not have provided the true reason for your termination does not, by itself, give rise to an actionable claim for wrongful termination if the real reason is not unlawful. It is, however, relatively strong evidence that you were terminated because of your gender and/or age, either of which would be unlawful. Please give me a call at (213) 381-6557 or send me an email at [email protected] if you would like to discuss the matter further.
Sincerely,
Ari Leichter
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