Was it legal if I was recently laid off with no explanation?
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Was it legal if I was recently laid off with no explanation?
I was told that it had to do with performance, however I was given no detailed list of issues that came from performance and no record of any performance improvement plan. When asked they hemmed and hah’ed and I was still not given a tangible answer. I have also been waiting for a severance check that was promised to me in a contract that I signed. What recourse do I have?
Asked on July 11, 2018 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
1) No explanation is legally required. Unless you had a written employment contract to the contrary, which contract was still in effect (unexpired), you were an employee at will, had no right to or guaranty of a job, and could be terminated at any time, for any reason, without explanation.
2) However, if you did have a written employment contract which only allowed you to be terminated for certain defined reasons and your termination violates that contract, you could sue for "breach of contract" for reinstatement and/or monetary compensation.
3) If you signed a severance or other contract which guaranted you severance, then so long as you have done whatever the contract required you to do, you are legally entitled to the money and could sue the employer for "breach of contract" to get it. If the amount at stake is less than or equal to the limit for small claims court, suing in small claims, as your own attorey ("pro se") is a fast, cost-effective option.
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