Employee law question:

In the state of CA for a full time non-exempt role. If fired without warning (no previous warnings/feedback) ⚠️ for "performance" (although performance was arguably good) or actually "team fit" (politics), do you have any case or legal standing?

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CA is an at-will state. So if the reason is not one of the protected employment classes in CA, move on.

likehelpful

Protected classes are enumerated in law (and covered in your harassment training):

https://www.senate.ca.gov/content/protected-classes

Proving it was one of these can be difficult. If it’s not clearly one of these from your own interpretation, then you probably are wasting your time. It’s a hot market and you aren’t a highly-paid executive. Cut your losses.

Are you over 40? Are you female? Are you brown/black of skin? Are you gay? Then you can sue their asses for discrimination. They will pay you to go away. If not, you’re simply an average at-will employee.

smartlike

Most of us in the US are at will employees. Meaning you are free to quit whenever you want to (and not locked in for 3 months like in much of Europe), just as your employer is free to let you go (with little notice).

From the mouth of babes

If you were a member of a collective bargaining agreement and the firing process violated those terms, yes. If you had a contract that had a specific clause violated, yes. If neither of those is true, you were working at the will of the company and can be fired for any reason that doesn't violate federal or state law. IE: they ca fire you for performance but not because you decided to announce a new sexual preference.

“Undermining and destroying” (aka office politics) isn’t grounds for a wrongful termination lawsuit

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YES YOU HAVE LEGAL RIGHTS.

GET A LAWYER AND THREATEN TO SUE. YOU WILL GET MORE SEVERANCE.

If not, at the very least, you're out $500 for hiring an attorney.

I made this mistake and someone who specifically works on firing for consultancies gave me advice to lawyer up if it ever happens again

Without knowing anything but what you have said here (that you were forced out due to office politics), I would just move on. You won’t make any real money suing them, and you aren’t in a leadership role so it’s not like you have a lot of leverage.

It sucks, and I feel for you, but I’d just focus your energy on your next chapter.

I say all of this in complete sincerity.

Thank you, just wanted to understand

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