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Question & Answer
 
 

Can probationary employee sue when fired for false reasons?

I understand that one does not need cause to terminate a probationary employee. However, does a probationary employee have a cause of action when he is terminated for written reasons that are false?

Rita Risser's response:

A probationary employee, like all at-will employees, can be terminated at any time for any reason or no reason. The California Supreme Court ruled in one case that fraudulently inducing an at-will employee to quit was not illegal, since the employer legally could have fired him anyway. The issue is what the underlying reason for termination was. It would be illegal if the reason for termination was in retaliation for whistle-blowing, in violation of a contract, or for discrimination based on gender, age, religion, etc.

Disclaimer: This information is provided with the understanding that the author and publisher are not engaged in rendering legal or other professional services. The publishers disclaim any liability, loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this information. This information is not a substitute for the advice of a competent legal or other professional person.
 
 
     
 
 
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