Is it legal to fire someone for making too much money?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal to fire someone for making too much money?
I was recently fired from my position as an assistant manger at a retail food chain after 16 1/2 years of service. It was bought by a franchise just 8 weeks ago. I’ve never been spoken to about any type of job performance, attendance, or other issues. I was told by my supervisor on a Thursday evening that the company was going to let me go the following Tuesday. In an attempt to save my job, I contacted one of the owners and set up meeting the following day at noon to discuss my job and options, hoping to come to a compromise. The owners didn’t show up and instead sent HR to fire me. Only because I made too much money.
Asked on August 31, 2010 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Unfortunately, this is legal. Maybe not fair, but legal. The reason is that most employment arrangements are what is known as "at will". This means that you can choose to work for an employer or no,t and an employer can hire or fire you for any reason or no reason at all. The exceptions to this would be if this action was not allowed by virtue of a union agreement, employment contract, or an official stated company policy. Also, discrimination must not be a factor in your termination. Absent any of these circumstance your firing was lawful.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.