Bookmark and Share
Contact Us
Services
About Us | Home| Testimonials
bLAWg
Your Employee Rights
New Law
Employee Rights Commentary
Site Map
Articles
Employee Rights Videos
Employee Rights Events Calendar
FIRM NEWS
Search Entire Site

When "Good Cause" Isn't Good Enough

Good Cause for Termination: What is it Legally?

  • It means "fair and honest" reasons given in "good faith". Cotran v Rollins Hudig (1998) 17 C.4th 93, 108.
  • Employer makes proof of "good faith" by evidence of a decision that serves a legitimate business need or goal
  • Employer may have made a bad decision in firing based on wrong information or wrong interpretation of good information.
    • Courts will allow the mistake if there is no evidence that the decision was dishonest and in "bad faith"
    • Courts are loath to create a rule of law that forces the Court to micro-manage and second guess business decisions.
  • The Employer's duty when faced with a question of "reason to fire" is to conduct a "reasonable investigation" of the facts

What Can an Employee Do to Protect Against Deliberately False Reasons?

  • Read your personnel file periodically, and challenge in writing those criticisms that are untrue.
  • Take action to challenge the reasons for discipline before the discipline becomes final.
  • Get the names, addresses and phone numbers of co-employees who are sympathetic to your position.
  • Maintain records of events and dates that support your contention that the employer is acting dishonestly.
  • Identify and record evidence of a "double standard" of work performance--others not held to similar scrutiny or criticism.
  • Follow the internal employer policy to report a manager's bad faith behavior.
  • If internal redress not obtained, and if the behavior is harassing and discriminatory
    • file with the CA Department of Fair Employment & Housing or federal E.E.O.C., or both
    • inform the H.R. department and your supervisor you are taking this action because of their inaction to correct the problem
  • Refuse to sign warnings or evaluations stating false information unless you write "signed under protest" before your signature.
  • If co-employees are willing, have them sign a simple statement of what they actually hear or see that could be used in litigation.
  • Keep copies of emails that directly prove a "bad faith" purpose and intent, such as an admission of discriminatory intent or retaliation.
  • Use an employee rights attorney proactively for counsel and guidance before you are terminated or disciplined.

Employee Rights Attorney Frank Pray

5160 Campus Drive

Newport Beach CA 92660

949.251.1006

877.job.atty


OBTAIN YOUR FREE

CASE EVALUATION

Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon Enter Your Email Address to Sign Up for Free Practical Tips on How to Assert Your Employee Rights
For Email Marketing you can trust

Amazon.com Coupons