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Fired by County Without Cause

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  • 07-19-2008, 09:50 AM
    lovesbirds
    Fired by County Without Cause
    My question involves labor and employment law for the state of:
    California

    I was recently terminated by a California county in a manner which seems very unfair and has caused me financial and emotional injury.

    It was explained to me by the County Personnel representative that the job offer included a 6 month probationary period during which the County could fire at will. As I intended to do a good job, I thought I would have no trouble getting through the probationary period. I accepted the position and had to relocate across the state at my own expense. As I had been unemployed after recently graduating from college, I had no money of my own and borrowed the money to move from my family.

    I had asked my supervisor after a month on the job for her feedback about my preformance. She said I was doing fine. However I was fired 2 weeks later. No reason was provided, nor did a search through my Personnel file reveal a reason. At no time was any mention made to me by my supervisor that my job preformance or behavior was not acceptable. My termination came as a complete surprise. I later learned from former coworkers that two others in my position had been fired in the same way within the past year.

    Might I have a law suit? I would at least like to recover the cost of my moving expenses. I have no money, so is there any legal help available to me? Thank you.
  • 07-19-2008, 10:26 AM
    panther10758
    Re: Fired by County Without Cause
    Unless you have a cba or employment contract that says otherwise. You can be fired at any time for any or no reason long as it violates no law or the previousy mentioned. There appears to be no law violation which leaves only the cba or employment contract if any.
  • 07-19-2008, 01:27 PM
    CourtClerk
    Re: Fired by County Without Cause
    The union probably won't get involved with a probationer and their termination, because of course, the employer (even the county) has the right to fire anyone for any reason (unless it is protected under the law) at any time, but ESPECIALLY during your probation.

    I am jealous though... in our county in CA, our probation is 1 full year.
  • 07-19-2008, 07:23 PM
    lovesbirds
    First Amendment Right to Protest
    Although I feel I have been unfairly terminated by my former California county employer, there does not seem to be any legal recourse available to me. However, I do have the right to peacefully protest.

    So, I have decided to excercise this right through a one woman demonstation with a placard and handouts for the public inviting them to contact certain decision makers about local government termination policies. I have also invited the local press.

    I may look like a fool, and perhaps no other action will result from this. I was feeling like a depressed, helpless victim. Now, I feel that at least I have a voice.
  • 07-19-2008, 08:28 PM
    LawResearcherMissy
    Re: First Amendment Right to Protest
    *HEADDESK*

    Well, if it makes you feel better, I suppose. As long as you understand that it isn't going to change anything.
  • 07-20-2008, 06:28 AM
    cbg
    Re: Fired by County Without Cause
    And when prospective employers call about you for a reference and the county tells them about your "peaceful protest", you'll have only yourself to blame when you don't get the job.

    And don't bother writing back telling me that you're not going to use the county as a reference or that they can't tell prospective employers about the protest. A prospective employer doesn't need your permission to use them as a reference and the county can tell them anything that's true.

    You're going to look like an utter idiot and you'll accomplish nothing. If that makes you feel better, good luck with the rest of life. You'll need it.
  • 07-20-2008, 12:33 PM
    mitousmom
    Re: Fired by County Without Cause
    I agree with cbg and LawReseachMissy. I don't see how your protest is going to benefit you. You are simply advertising the fact that you were fired to the world and publicly raising questions about your maturity and judgment.

    I suspect every employee who is fired suffers financial and emotional injury. You accepted a job with a probationary period and moved across the state at your expense, hedging that you would survive the probationary period. You lost the bet. I doubt that many of the public would expect the county to continue your employment simply because of those circumstances. They don't expect county employment to be a form of welfare.
  • 07-20-2008, 07:28 PM
    lovesbirds
    Re: Fired by County Without Cause
    I disagree with those who think that protest can accomplish nothing. You know little of the circumstances of which I speak. I have a First Amendment right to protest and I will exercise it when I think it may be of benefit to issues I am concerned about. I am also an experienced political activist and organizer. I have seen what type of beneficial change can result when just one person starts the ball rolling.

    I have the support of several colleagues who are now encouraged by my actions. If people continue to take whatever unjust treatment is dished out to them, nothing ever changes. I have had the pleasure of being joined in my activism by dedicated and motivated attorneys whom understand just how change is made, i.e. it has to start somewhere with somebody.

    As for other employers taking a dim view of my actions, that is a risk I'm willing to take. I have other ways of earning a living including being self employed. I prefer to take a few risks in life and maintain my personal integrity.
  • 07-20-2008, 07:30 PM
    panther10758
    Re: Fired by County Without Cause
    Then disregard what you were told and do as you wish
  • 07-21-2008, 05:35 AM
    mitousmom
    Re: Fired by County Without Cause
    I don't think any one of us said that protest can accomplish nothing. American history is replete with examples of where it has.

    I just don't think that your protest, which is going to appear as a self serving attempt to overturn the county's decision to fire you during a probationary period, or to punish the county for its action, is going to accomplish anything that will benefit you. It certainly isn't going to result in the county reimbursing you for your moving expenses.

    Are the "dedicated and motivated attorneys" who have joined your cause willing to represent you in legal action against the county?

    And, who are the colleagues that are now encouraged by your actions? Are they current county employees?

    What does your personal integrity have to do with this situation? You just don't like the way the county treated you when it decided that you weren't suitable for the job for which you were hired.
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