Can my employer make me take a day off without pay? Can they fire me for reasons unrealted to my job performance?

Asked over 2 years ago - Santa Clara, CA

I work for a relative, and they considered firing me due to family issues. They made me take a day off without pay yesterday.

Can I be fired (as opposed to laid off) for family issues?

Attorney answers (5)

  1. Benjamin Davidson

    Pro

    Contributor Level 10

    4

    Lawyers agree

    Answered . Unless you signed a contract stating that you can only be terminated "for cause," you can be terminated for any reason or for no reason at all, as long as they are not engaging in unlawful discrimination or retaliation (or violating another law) by doing so. Familial relationship is not a protected status with respect to employment in California. However, you may want to speak with an employment attorney to determine whether there is another basis.upon which you can claim wrongful termination.

    Best of luck to you.

    Disclaimer: This reply does not constitute legal advice or the establishment of an attorney-client relationship,... more
  2. Isileli Tupou Manaia Mataele

    Contributor Level 19

    3

    Lawyers agree

    Answered . They can fire you for any reason but in terms of being for cause to deny benefits that will have to pay benefits, that is not permissible.

    This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to... more
  3. John Noah Kitta

    Contributor Level 19

    2

    Lawyers agree

    Answered . With the limited facts you are giving me and you have not stated there is any other sort of issues regarding i.e. discrimination, race, age, gender, disability etc. If in fact there is some sort of family dispute going on that is the basis of them having you not work without pay or your termination they really do not need a reason to be terminated unless you have a contract, or an employment manual policy states differently.


    If you found this answer helpful, let me know by clicking the “Mark as Helpful” button on the bottom of this answer. It’s easy and appreciated.

    This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client... more
  4. Michael John Tonsing

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Not clear what you mean by "family issues." If it means what the others have assumed,--that you are related to the owner or something like that, then it is true that you can be fired for any reason or no reason, provided that there is no contract or company policy that states otherwise -- and provided it is not because of your membership i a "protected class" -- e.g., race, age, gender, etc. or because of your exercise of a right (whistleblower, workers comp claimant. etc.).

    On the other hand, if "family issues" means you're pregnant, or if it means that you need to take care of an ill family member, or something similar, then you should definitely speak to an experienced employment lawyer immediately.

    This answer is made available by the above lawyer for educational purposes only. It is also offered as a public... more
  5. Melissa F. Mack

    Contributor Level 7

    Answered . If you are an at will employee, yes, you can be fired for family issues.


    Best,
    Melissa Mack, Esq.
    Alameda, CA

    My reply, and all content contained therein, is for informational purposes only, and does not create an attorney... more

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