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What legal options are there in CA for being terminated for "not being the right fit?"

El Segundo, CA |

I've been with my employer for almost a year. Today I was informed I would be terminated in a month. When asked for clarification, my performance was not discussed. Instead, perceptions concerning my enthusiasm for our profession were cited along with "we feel your role just isn't a good fit for you or for the company." While I appreciate the advanced notice, I'm baffled that I was not given any written or oral warnings to address whatever underlying concerns are motivating this decision. Incidentally, while CA is an at-will state (and I'm aware of what that entails), I feel that this decision and the rationale provided lack merit. What recourse, if any, do I have to legally challenge this decision? Am I simply out of luck? Or are there options I can explore further? Thank you in advance.

Attorney Answers 5


  1. Unless you are being terminated for a discriminatory reason, your employer can terminate you for any reason and does not have to give you any sort of warning or notice. Unfortunately, it does not that matter whether the employer's decision lacked merit or not.


  2. I think you're out of luck. Unfair doesn't make it illegal.

    Sorry to hear about your situation. Best of luck.

    www.laemploymentlawyers.com


  3. As you already note, most employment in the private sector in California is "at will", unless you are protected by the terms of a contract or a collective bargaining agreement. That means you can be terminated at any time for any, or even no reason as long as its not based upon unlawful discrimination (i.e. based on sex, race, national origin, etc.) or your having engaged in a protected activity. So, not being a "good fit" and not providing you with written or oral warnings doesn't matter. You have no options or recourse to explore, as harsh as that may seem...

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. . That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.


  4. Unless you are part of a union or some government entities that provide for grievance or other forms of hearings to challenge the employer's decision, you have no recourse, no way to legally challenge the decision. You are out of luck with no options to explore further.

    You note that you understand all that the at will relationship entails. You therefore probably knew you were going to get this answer anyway. I wish you the best of luck.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.


  5. An employer can an adverse employment action for any reason or no reason, except for a prohibited reason such as discrimination or harassment based upon race, religion, gender, sexual orientation, military service, disability, etc. or retaliation for opposing illegal conduct.

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