Is this discrimination?

UPDATED: Jun 24, 2009

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Is this discrimination?

Recently laid off. Reason I was given “there is not enough work, and you were the last person hired.” Which is untrue, the last person hired was the wife of a project manager who was also hired after me. The wife and project manager attend church with the owner of the franchise. As do several other supervisors, one which used to be a regular technician and was actually given the supervisor spot at church, literally.A long standing joke amongst the regular technicians is that “you have to go to church with the owner to get a head in the company.”I feel like my lay off was biased?

Asked on June 24, 2009 under Employment Labor Law, California


L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You don't say on what basis you feel you are being discriminated against.  Is it because of your religion?  Religion is a protected class and if you have enough evidence to prove there is religious discrimination, perhaps you could have a case, but I am doubtful.  The simple fact that you were hired in the first place even though you don't belong to the same church indicates there was no discrimination there.  In any event, in California, unless you have a contract, you are an "at-will employee" which means that you are employed or not at your employer's will.  He can fire you for a reason or for no reason at all.  He cannot discriminate against you, but he can let you go if he doesn't feel you fit in with the company.

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