Any legal recourse on employer?

Question

Wife was fired from employment due to "personality issues" with supervisor. I understand the whole at-will employment scenario, and that there is probably no recourse despite the fact that this was non-job related, eventhough there had been no written notices or warnings or any documentation of malconduct in employee folder (or is there?)
My question is that the person who did the firing was a relative of the owner, but might not have been "officially" documented as an employee on payroll? Would this in any way affect this outcome if my wife had been fired by someone technically not an employee? This person is basically just a relative assisting in the office, although im sure they consulted with the owner (aka her brother)

california, no union, no probation or written notifications

Answer 1

Employment at will, yes, but there still has to be a legal reason for firing your wife. Talk to a lawyer. If the personality issue was that your wife was calling her incompetent and cursing her out, i doubt there is anything you can do about it. If its the other way around, then hell, sue- you can sue for emotional distress and wrongful discharge. At the very least, apply for unemployment from the jerks!

Answer 2

Very interesting. Your wife could have a "wrongful termination" suit against the employer IF:

* "Supervisor" was not an employee. Being a non-employee s/he has no legitimate authority to hire or fire, or even recommend an employment decision. Since the owner did not participate in the face to face meeting in which your wife was terminated there is no reason to believe that the owner was aware of the situation.

* Unless the "non-job related" incident did or could have caused the company to come under adverse publicity, or involved an assault on a supervisor for something that occurred at work, their is no reason why "outside activity" could be the grounds for a dismissal. Was your wife given a letter of termination? If so, who was it signed by. (If not, I beleive that under California law she may be entitled to one. Check with attorney.)

*In the absence or written notice or warnings, termination for an alleged "outside event" underlying a "personality issue"is harsh, as well as being arbitrary, capricious and discriminatory. Length of service and total employment record are mitigating factors in all disciplinary cases.
Sounds to me that the stated cause is pretextual - a "smokescreen" for illegal activity.

While the "at will" doctrine still exists it remains subject to "public policy" (laws and custom) and the obligation of employers to extend "good faith and fair dealing" to employees.

I would recommend that you contact an employment attorney, through the local bar association, for advice and possible action.

Answer 3

What state did this occur in?
Are you a member of a union?
Were you on any sort of probation?
Did you have any documentation of complaints against that person?

That's really too bad. It's very hard to prove that in court. Been there, done that. I had 3 out of the 4 above listed items and that is the only thing that saved me.

Answer 4

No...It doesn't matter who does the deed. Like you said, employee at will. Which means either party can terminate the employment without cause and without notice. But the good news is she probably will qualify for unemployment benefits.

Answer 5

It sounds like a rats nest. Consider that they may have done you a favor. Your wife is now free to find a job with a company that treats its people well; put the past behind you and move on.

Answer 6

At will only refers to the first 90 days. Your best best is to consult a lawyer. (the first consultation to present your case is free)

Answer 7

Try the site below, just change to the state you live in. Hope this helps.