What are my right if I was laid off for “position elimination” but 2 days later the position was given to another manager?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my right if I was laid off for “position elimination” but 2 days later the position was given to another manager?

This manager was given a poor review and was set up with a “developmental plan” to monitor and improve his performance. I, in turn, got a similar review and not given the same opportunity for a “development plan”. I am a female in her early 50’s. The other manager is a male in his 30’s. My direct boss gave me a glowing review but it was edited and changed by his boss to reflect a more average/less than average performance.

Asked on May 16, 2012 under Employment Labor Law, California

Answers:

Aryeh Leichter / Leichter Law Firm, APC

Answered 9 years ago | Contributor

An employer may terminate an employee for any reason or no reason as long as it's not an unlawful reason.  The fact that your employer may not have provided the true reason for your termination does not, by itself, give rise to an actionable claim for wrongful termination if the real reason is not unlawful.  It is, however, relatively strong evidence that you were terminated because of your gender and/or age, either of which would be unlawful.  Please give me a call at (213) 381-6557 or send me an email at ari@leichterlawfirm.com if you would like to discuss the matter further.

Sincerely,

Ari Leichter


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption