I was fired the day after a 2 day absence from work. I was told the reason was that in the 10 months that I worked there I had too many absences. At no time was I ever given a formal written warning prior to my firing, nor was I given a discharge letter then. Then the idiot mgr. started back pedaling & said I was "at willed". "Oh, but I had been a great employee & did fantastic work & he would give me a letter of recomendation". Now I hear from my former customers there at storage that he's talking #@*! about me & telling everyone that he fired me! Am I basically screwed or what? What if a prospective employer calls asking for a employment verification & he tells them that he fired me. Aren't there specific laws regarding what he can & cannot disclose about me personally?
It sounds like you were fired. Your employer can tell people you were fired, terminated, let go, not allowed to work there anymore, canned, dumped, shitcanned, flushed, sent home packing, 86'ed, booted, drop kicked, sent your walking papers, shown the door, asked to leave, told you are not longer on the schedule...
Seriously the employer can say that you were fired but can't explain or tell them why. To be safe than sorry an employer should only verify the dates of work but not go into detail about a termination. However, if they only say you were terminated, then there would not be a problem in my opinion.
The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
Your former employer was not required to give you a formal written warning or a written discharge letter.
Unfortunately, there aren't specific laws or regulations regarding what a former employer can say about you, so long as the statements are either true or mere "opinion".
I am concerned that you might not qualify for unemployment benefits if you were terminated due to excessive absences. When an employee is discharged for absence, the discharge could be for misconduct if it is determined that the claimant's actions evince a wilful or wanton disregard of the employer's interests. See:
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
Since you were apparently an "at-will" employee, your employer could terminate you for no reason or any reason at all, so long as it was not an unlawful reason. If your employer had 5 or more employees, you might have a claim for disability discrimination or failure to accommodate if your absences were due to medical care for a disability. Also, if your employer had more than 50 employees in California and you had been employed for more than one year and had worked at least 1,250 hours for that employer in the past year, you might have a claim for violation of the California Family Rights Act and/or federal Family Medical Leave Act if your absences were for your own illness or injury or of a close family member.
Answering your inquiry does not establish an attorney-client relationship. California law requires that the potential client and the attorney enter into a written retainer agreement. Moreover, additional or different facts may affect or change the general legal response offered. Therefore, the attorney makes no warranty of the accuracy or applicability of any of the information that he may provide in this response.
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