I worked at this company for 6 weeks. Today they fired me because I wasn’t a good fit for the position & couldn’t multitask. Then they said I was making to many errors. What I don’t understand is the training wasn’t good. I was doing everything as they showed me. The errors I would make was due to not being trained properly. Once I figured out what the mistakes were I would fix them & wouldn’t repeat the same mistakes. They never brought any of the errors to my attention. I would even work alone since I’m a fast learner. I was constantly asking to be trained on additional work that was for my role & they would just say when they had time but they would never make time to show me. I had multiple other coworkers tell me how much they appreciated all the work I was doing because it was done correctly and right away. They didn’t have me sign anything saying they were releasing me. They just asked for my key card to enter the building back. I asked for paperwork & they said they didn’t have any. They did give me my final check which paid for the full week when I only worked 3 1/2 days worth. A friend told me to sue for unlawful termination. I just don’t know if I really have a case.
Unfortunately, unlawful termination is not really a viable cause of action under California law as most employees are considered "at-will," meaning that they can be fired for any reason or no reason, so long as the reason does not violate the law. Being fired for work related issues isn't a good reason, even if you weren't properly trained. That said, cashing your final check has no effect any claims you may or may not make whatsoever. So, feel free to cash it.
While I am an attorney with over fifteen years of experience, until we sign a retainer agreement, I am not YOUR attorney. My postings are meant for informational purposes only, and DO NOT constitute legal advice, nor do they create an attorney-client relationship between us. As such, the question, my answer, and any comments left to my answer, are not protected by attorney-client privilege. Also, keep in mind that all legal claims have relevant statute of limitations, some of which can be very short. So, if you believe you need to hire an attorney, and need legal advice, seek out legal representation as soon as possible.
First, cashing your final check should not affect any potential claims that you may have. However, you should make sure that it does not contain any language stating that the check is a full release, payment for all work performed, or similar langauge.
Second, as an at will employee, your employer can terminate you for any reason or no reason, but not for a prohibited reason. Poor performance, even if caused by poor training, is not a prohibited reason. Prohibited reasons are hostility toward a protected class such as race, religion, gender, sexual orientation, military service, pregnancy, disability, etc. or opposing illegal conduct.
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