Job Can End Legally ‘at Will’ of Employer

Q: After working for a travel agency for approximately two months and two weeks, I was unexpectedly let go for no reason. In fact, a week before I was dismissed, I received a positive review. Even on my last day, I was told I had been doing an excellent job with the computer, which is what they hired me to do.

This has left me puzzled, humiliated and embarrassed. Do I have any legal recourse? I know they did not let me go for financial reasons because they are trying to hire someone else.

--D.F., Mission Viejo

A: Unless you had a written contract of employment for a specific period of time, you have no legal recourse.

The basic rule in California is that employees are employed “at will,” which means that either the employer or the employee can terminate the relationship at any time for any reason, with or without notice.

Although some courts have held that several years’ worth of tenure and positive evaluations may overcome the “at-will” presumption, creating an implied contract in which an employee can be terminated for good cause, only two or three months on the job will not suffice.

There may have been any number of reasons for your termination, even though you were proficient on the computer. Perhaps your former employer did not feel there was a good “fit” between you and other employees. Perhaps there were conflicts between you and your supervisor. Perhaps your employer felt you were not as productive overall as was necessary for efficient operations.

Often, employers will choose to terminate short-term employees simply because things “are not working out,” without giving detailed specifics. There is nothing unlawful about this. --James J. McDonald Jr.

Attorney, Fisher & Phillips LLP

Labor law instructor, UC Irvine

Stress Management vs. Time Management

Q: I am a customer service operator, and working with difficult customers on the phone is a very stressful job.

Our manager held a stress management workshop for all the operators, but the “stress management” workshop was really a “time management” class. We learned how to better use our time, but I don’t think this is going to deal with the stresses of our jobs.

Is this really all there is to managing stress? I’m feeling even worse after the workshop.

--R.E., Long Beach

A: While some work stress is generated by poor time management, it doesn’t sound like this is the heart of the stress problem in your department.

The greatest single source of stress in the workplace comes from interpersonal factors--interactions with co-workers, supervisors and/or customers.

Stress occurs when there are conflicts and breakdowns in communication. It sounds as if the operators in your organization would benefit from a stress management workshop that centers more on dealing with difficult customers, improving the effectiveness of telephone communications, and the like, rather than just time management.

Effective stress management programs need to be tailored to the particular needs of the organization, the department and the workers involved.

--Ron Riggio, director

Kravis Leadership Institute

Claremont McKenna College

Business Expenses and Company Credit Card

Q: My husband’s company makes him personally pay for business expenses that are charged on a company credit card and then reimburses him after he submits his expense report and proof of payment. Is this legal?

Can he charge the company interest due to the fact that every day we are not paid we are losing interest on our personal money? The charge card is in the company name, with his name on it also.

--J.G., Woodland Hills

A: It is perfectly legal for a company to provide employees with a company charge card for business expenses and to require proof from the employees that they actually incurred the expenses that they claimed.

As to the issue of paying business expenses, are you really losing any use of your money when your husband uses the company credit card?

If your husband has approximately 25 days from the statement date in which to pay off the credit card balance without incurring any penalty or finance charge, and if he submits his expense report--including proof that he actually incurred the expenses--in a timely fashion and the company reimburses him within the 25 days, you have not used any of your money for his business expenses.

For those expenses that may not be paid with a company credit card, such as cab fares, some companies permit employees to receive cash advances.

Your husband may want to determine whether his company provides cash advances.

--Josephine Staton Tucker

Employment law attorney

Morrison & Foerster

Was Worker Misled About Job Prospects?

Q: I was recently hired by the owner of a small local company. I worked my first day and was told to return at 9 a.m. the next day.

When I arrived the second day, another person was at my desk and I was told I no longer had a job. I think the owner may have hired us both for a trial run.

I left a more lucrative out-of-state position because I assumed I was employed by this local company.

Are this company’s actions legal? Do I have any way of recovering my potential income from the other job while I conduct yet another job search?

--D.P., Laguna Beach

A: The California labor code prohibits an employer from persuading any person to move to the state by knowingly making false representations concerning, among other things, the type or existence of a job, the length of time the job will last or the compensation for the job.

An employee who is successful in making a claim under Section 970 of the code can recover double the damages actually suffered from the misrepresentation.

A successful claim must establish that an employer intentionally misrepresented the nature, length or compensation for the work, and that the employee relocated to take the job as a result of the misrepresentation. A violation of this section is also a misdemeanor, punishable by a fine of not less than $50 or more than $1,000 or imprisonment for up to six months, or both.

In addition, you may have a breach of contract argument and a fraud claim.

If you decide to pursue the matter, I suggest that you contact an attorney who is familiar with employment matters and describe the entire situation. The attorney should be able to assist you in analyzing your rights.

--Diane J. Crumpacker

Employment law attorney

Fried, Bird & Crumpacker

If you have a question about an on-the-job situation, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626 ; dictate it to (714) 966-7873; or, e-mail it to shoptalk@latimes.com. Include your initials and hometown. The Shop Talk column is designed to answer questions of general interest. It should not be construed as legal advice.