I worked at Gamestop in Claifornia about 4-5 years ago and was terminated due to not meeting sales goals . My argument that there were too many NEW gamestop stores opened up around me so sales would not meet prior years numbers. Now that store is closed down and I am under the belief that it was closed for being unprofitable. Earlier this year it was reported that Gamestop closed 250 locations that were unprofitable.
Your facts give no indication of a claim of wrongful termination.
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Administrative Law Lawyer
These facts would not support a claim for wrongful termination in any event. The "cleanest" of all grounds for termination is failure to meet performance standards. But in all events, the time limits for any contentions or action re your termination lapsed years ago.
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First, if you were termination 4 or 5 years ago, your claims are probably barred by the statute of limitations. The Fair Employment And Housing Act requires that you file an administrative claim within 1 year of the termination and then file suit within 1 year of the issuance of a right to sue letter. For common law wrongful termination claims, the statute of limitations is two (2) years.
Second, your employer can take an adverse employment action for any reason, except a prohibited reason such as discrimination based upon a protected class, such as race, religion, gender, sexual orientation, military service, disability, etc. or opposing illegal conduct. From your question, it appears the company was making decisions based upon economic factors, not prohibited reasons.
Employment / Labor Attorney
You have raised this question several years too late to make it relevant. There are statutes of limitations for things like wrongful termination, in this case 2 years.
The good news is that you did not lose a meritorious cause of action. This is a non-starter. You could have been fired for any reason, or even no reason, unless it was for an unlawful reason. Terminating employees because the store is closing is a legitimate business purpose. It is certainly not unlawful.
Good luck to you.
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2 lawyers agree
Employment / Labor Attorney
Employment in California is presumed to be terminable “at will”, meaning terminable by either party, at any time, with or without cause. In California this presumption is codified. Almost everyone who has been terminated thinks that it was unfair, and maybe it was. But, an unfair termination is not the same as a wrongful termination. But, your employer does not have complete freedom to terminate you. A wrongful termination happens when an employer fires an employee for some illegal reason. There are several ways to establish wrongful termination including harassment, discrimination, or retaliation. But, you have not given any facts that would support that, and it appears your statute of limitations may have run.
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