California Labor Law: "At Will" Employee at a Loss

Downey, CAIf you are employed "at will" as most employees in California are, you can be fired for almost any reason such as bad attitude, chronic lateness, failing to follow company policy, or simply because your employer doesn't like you—as long as it isn't based on discrimination. In the case of Ann J., her wrongful termination likely falls into a 'gray area' where she needs a California labor law attorney to determine whether or not she has a case.

Ann worked as a pharmacy technician for 3 years, until she was allegedly involved in a moneygram scam . "I wasn't notified of this scam, I wasn't at work the day everyone had a meeting about it," says Ann, "but one night I got a call from a man who said he was from our head office. He told me to log on to a cash register and he was going to walk me through the exercises to make sure our registers were up and running and ready to deal with this moneygram system the pharmacy had just implemented. I was to do everything he said so the register didn't come up short."

To make a long story short, Ann got scammed. "The next day I was scheduled to work but ended up in ER with an anxiety attack," says Ann. "Our new manager makes me so nervous and creates a hostile work environment. When I returned to work a few days later (with a doctor's note) she called me into her office, along with a loss prevention investigator.

"They wanted to know why I didn't know about the money scam; apparently an e-mail was sent out, along with the meeting. But I wasn't sent the email--which I wrote in a statement—but I was suspended for 8 days anyway. Two days after I was suspended one of my coworkers told the manager that I knew nothing about the scam.

On June 25 I was terminated because I facilitated this moneygram scam. Apparently their employee ethics department is investigating the situation, but I believe I was terminated because my boss had personal issues with me; it was her chance to get me out."

Ann says she has had "issues" with her boss since last October, which caused her to seek medical help for stress and depression. "My doctor said the company should have filed a workers compensation report but they didn't," says Ann. "Now I am in limbo—I have no income and I don't know if I am going to get my job back. However, a workers comp claim was filed the day I was terminated and now that is under investigation. Meanwhile I am not entitled to any income or benefits until the investigation is completed. I have no idea when that will happen. The adjustor told me to apply for state disability and my family doctor refused to fill out the paperwork because he says I have a workers compensation claim!

I contacted an attorney last week and he will take my case for the workers' compensation claim. But I still need an attorney to represent me for wrongful termination…"

Courts have often sided with employers regarding the California Labor code's Employment At-Will doctrine as long as they didn't violate the California labor law, even when they had a weak cause for termination. However, employees have often sued for wrongful termination and won: If you think your employer terminated you without good cause, consult an attorney who specializes in California labor law to determine whether you have a claim.