Downsized Worker May Be Entitled to an Explanation

Q: Recently, I joined the ranks of people who lost their jobs through corporate downsizings. I have been a committed, hard-working employee, and have documents supporting my efforts. I have sacrificed vacation time just to complete projects in a timely manner.

I would like to know what rights I have to obtain a detailed explanation of why I was terminated. I know my job wasn’t eliminated. I also know that other, less productive people remained and were given expanded duties.

I have already found another job, but still would like an explanation from my former employer.

--D.S., Fountain Valley

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A: Although neither state nor federal law requires employers to provide terminated employees with an explanation why they were terminated, you may have a right to an explanation if certain conditions apply to your situation.

For example, if your employer has a handbook, manual or any written policy stating that it will provide employees with such an explanation, you have the right to require them to do so. If your former employer had no written policy but had an established practice of providing employees with the reasons for their termination, you also may require the company to provide you with an explanation. Your employer’s failure to do so for you could form the basis for a breach of contract claim.

You state that you lost your job through a corporate downsizing but that you know your position was not eliminated. While employers are entitled to make decisions to downsize their operations to increase profitability, they may not do so for discriminatory reasons. If you have any evidence that the corporate downsizing is really a pretext for some form of discrimination based on an impermissible factor such as your age, race, national origin, religion, sex, etc., you may have a discrimination claim against your former employer.

If you believe you have such evidence, I suggest you contact an anti-discrimination agency--the California Department of Fair Employment and Housing or the Equal Employment Opportunity Commission at the numbers in your local phone book. They will be able to assist you in determining whether you have a legitimate claim.

--Diane J. Crumpacker

Management law attorney

Fried, Bird & Crumpacker

Employer’s Liability Unclear

Q: I’m a public school teacher and park in the staff lot on the school campus. Recently, I discovered my windshield had been cracked by a rock or similar object during the school day.

The district will not assume any liability. Is that legal?

--A.H., Ventura

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A: Your employer may be liable for the damage to your car. It may have been negligent, for example, in giving you adequate protection on their lot. After all, vandalism by students is something that the employer should address and assume responsibility for instead of the employee.

If the damage to the car was caused by the negligence of another school employee, such as a rock being thrown up at the windshield by a tire, then the employer would be responsible for the acts of its employees during the course of their employment.

The employer also might be liable if it required employees to park in that lot.

But you should evaluate the employer’s representations made to you in the employee handbook or in any documents you may have signed. It is possible that you were required to assume your own liability for parking in the staff lot.

It is also possible that the district is not assuming any liability until you become more aggressive in insisting that you be compensated for the damage.

Let the district know that you have done your homework, evaluated its representations made to you, studied the insurance policy that might cover this type of incident, and received advice from an attorney.

You might also want to evaluate the cost of replacing your windshield. If it’s low enough, it may not be worth paying an attorney to pursue your rights.

--Don D. Sessions

Employee rights attorney

Mission Viejo

Pay for Unused Vacation Days Due

Q: Is an employer legally required to pay an employee for unused but earned vacation days when the employee leaves the job after giving adequate notice?

--W.B., Woodland

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A: Yes. Every employee is entitled to receive pay for unused but earned vacation time when his or her employment is terminated. This is true whether or not the termination was voluntary and whether or not the employee gave advance notice.

If the employee is fired, the employer must pay all earned wages (including all unused but earned vacation pay) at the time of termination.

If an employee without a written contract for a definite period resigns, the employer must pay all earned wages (including all unused but earned vacation pay) within 72 hours. If the employee has given at least 72 hours advance notice, all earned wages must be paid at the time of termination.

--Deborah C. Saxe

Management attorney

Heller Ehrman White & McAuliffe

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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.