California labor laws?

Question

If a person gets fired for an unknown reason without warning what rights does the employee have. Is there a procedure a company must follow before he can fire someone? What legal rights does the fired employee have if he was let go without warning.

Answer 1

CA is an "at will" state, meaning that either you or the company can decide to end the employment relationship at any time, for any reason. Most companies have a statement in their handbook that attests to the "at will" status of employment.

That being said, "at will" is not a blanket indemnification of a company's bad practices. Employees who have significant seniority, and/or who have received good performance reviews, have an expectation of continued employment based on good past performance. Suddenly dismissing an employee who has worked thre for five years, with no notice, would certainly be suspect in a labor law trial regardless of the "at will" provision.

Talk to your local department of labor (www.dol.gov is the Federal site and can direct you to the appropriate state portal.) Company size, policies, and specific circumstances of the termination all factor in here.

Good luck.

Answer 2

In CA you're entitled to a 30 min unpaid lunch for, i think, working 6 hours or longer. you in addition to would get a 10 min paid wreck for each 4 hours which you artwork. bathing room breaks do no longer count quantity in direction of that 10 min wreck, besides the actuality that for the time of jobs like yours your risk to apply the bathing room could be constrained. What they're doing sounds unlawful. communicate on your supervisor approximately getting your breaks. If he would not do something, pass to HR or to his supervisor. For what that is extremely worth, one in each of my sister's former employers (in CA) lost a lawsuit over breaks, because of the fact they have been making workers clock out for their 10 min breaks. Being a classification action lawsuit, she have been given an exceedingly small quantity of money out of it. however the lawsuit did stress the corporation to alter their wreck coverage. CA hard artwork regulations do no longer notice to all styles of jobs. working example, in some jobs the place you're able to desire to be at your table each and each of the time, with downtime a marvelous type of the time (like protection guards), they are no longer getting a lunch wreck because of the fact they'd eat lunch at their table each and each time they have some loose time. those styles of interest classifications do no longer constantly make experience - my husband as quickly as worked as a house well-being aide, it incredibly is legally seen a similar style of interest as a butler or maid so he did no longer get time and a 0.5 for beyond favourite time.