What to do if I was terminated from my job for not carrying out managerial expectations but there are doing the same thing that were not terminated?

I was terminated as a retail store manager for “failure to meet expectations”. They investigated a situation and there was no proof besides negligence. Typically it would be a written warning but I got terminated for it.

Asked on November 9, 2011 under Employment Labor Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First off, was some form of discrimination a factor in your treatment?  Did your dismissal violate company policy? Did you have a union agreement or employment contract that prohibits your discharge for this? If not, then you were an "at will" employee. This means that your employer had the legal right to set the terms and conditions of employment as it saw fit; this includes when, how and if to terminate you. The fact is that in such a situation, you could have been fired for any reason or no reason at all.

Additionally, this is true no matter how other employees were or were not treated for the same actions. Employees do not all need to be treated equally or even fairly (again absent some form of actionable discrimination; that is for reasons of race, religion, gender, etc).

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