I was fired for job abandonment and can prove that they are wrong. Do I have a case for wrongful termination.

Asked over 1 year ago - Sacramento, CA

Cording to the company's handbook missing two days without notification to supervisor is considered abandonment . The days they are saying I missed are wrong . One day in question I was at work and received company shirts and was sent home by supervisor . The next day in question I have a tested message from supervisor the previous day saying to take the next day off .

Attorney answers (4)

  1. Michael Robert Kirschbaum

    Contributor Level 20


    Lawyers agree

    Answered . Wrongful termination lawsuits are based on one of two general theories. Either the employer fired the employee in breach of the terms of an employment agreement which limits the ability to terminate the employee at will or the motivating reason for the termination was one which is prohibited by law.

    If you believe this employer fired you in breach of an employment agreement you had with it or you believe the real reason you were fired was unlawful, you should discuss the facts with experienced employment law counsel in your area, for a more informed legal opinion.

    They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion... more
  2. Tuvia Korobkin

    Contributor Level 13


    Lawyers agree

    Answered . I'd agree with the first answer. Just because your employer's reason for termination is phony does not mean that you necessarily have a case for wrongful termination.

    As with any employment law question, you should consult with an experienced California employment attorney regarding the specific facts of your case.

  3. Pamela Octavia Pitt

    Contributor Level 14


    Lawyers agree

    Answered . Your real problem here is that your employer might use "job abandonment" as an excuse to say that you should be disqualified from unemployment insurance benefits because of misconduct. You need to present every piece of evidence you have to the EDD if your employer takes this position. You would probably want to contact an employment attorney conversant with filing EDD appeals if this happens to you. Good luck.

  4. Marilynn Mika Spencer

    Contributor Level 20


    Lawyer agrees

    Answered . When people talk about “wrongful termination,” they are really talking about wrongful termination in violation of public policy. For a termination to be “wrongful,” it must violate a public policy.

    Public policy refers only to things that are specifically prohibited by a statute (law) enacted by the legislature, or prohibited by a regulation promulgated (established) by a government agency. An employer cannot change terms of employment or fire you if the reason for the change is against the law. For example, an employer cannot increase your workload because of your race, sex, national origin, religion, etc., because you blew the whistle on safety violations, because sat for jury duty, or for any other reason that the law protects.

    One of the most widely-known areas of public policy includes statutes prohibiting discrimination against people in specific protected groups, which include sex, race, national origin, disability, sexual orientation, age (40 years and older), religion, marital status and pregnancy.

    In this context, “discrimination” means to treat differently from others who are not in the same protected group, but are similarly situated. “Discrimination” does not mean an employer has to be fair, or has to make good decisions.

    In California, a person complaining of discrimination must file a claim with an administrative agency before he or she can file a lawsuit. The person can file a claim with either the California Department of Fair Employment and Housing within on year of the discriminatory act, or with the federal Equal Employment Opportunity Commission (EEOC) within 300 days of the discriminatory act.

    As mentioned above, public policy also protects people who blow the whistle on a matter of public concern, complain about improper wage and hour practices, or who exercise voting rights, family leave rights, jury duty rights, domestic violence rights, and a few more statutes. There are various ways to enforce these rights.

    If you believe you have been fired or retaliated against in violation of public policy, I urge you to consult with one or more experienced employment law attorneys. To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org, and you can search for attorneys by location and practice area. Many CELA attorneys represent clients throughout the state.

    twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the... more

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