My friend was fired for not having "enough experience" They hired him and knew what exp. he had...help!
The people who hired him months ago knew that he didnt have very much experience..now he has been fired for lack of exp. Over the phone with one extra days pay. Can they do this?? we live in CA if it makes any difference. Can he take them to court?? I know he can get unemployment. He would have given them a two weeks notice...and they just cut him off!! I have never been fired before..and the reason they fired him is crap. Can we fight this??
Answers:
Sounds like he probably didn't learn as fast they thought he should, yes they can fire him. He just needs to look for another job. Unless he is a union member, then he can talk to his rep.
I doubt if there is anything he can do about it. Apparently, they gave him a try but his lack of experience made it hard for him to do the job.
You can fight it if you have good reason. You gave your side of the story, what's theirs? Although that may have been the reason they gave you it could been something your friend did and they just wanted to put it as "nicely" as they could. Could it be something else? Hope you find the right answer
Good Luck,
Katie
I don't know about the laws in California. Only a lawyer could tell you if this was legal or not. Just keep in mind that perhaps your friend led his employers to believe that he knew more than he did. In other words, it's possible that during the interview, he may have embellished or exaggerated what little experience he had in order to get the job. The employer may feel duped. I know it's a bad break for your friend, but there's usually another side to every story. This particular employer had SOME reason for not wanting to keep your friend on. Just keep an open mind.
Two things here -- first, the employer can fire him at any time for any reason.
Second -- about the unemployment -- he received an amount that he did not earn. Unless this is "accrued vacation" or something like that -- it may be considered severance pay. Accepting severance pay indicates that the "leave taking" was mutually beneficial, and may prevent your friend from getting immediate unemployment benefits.
A lot of places have a probabtionary period and the length of probation varies. The longest I've seen it is 4 months. During that time, the employer can fire you for whatever they want (within reason), which would include not having enough experience. Obviously if they fired him because of any type of discrimination that would be different, but experience doesn't fall into that category.
It sounds like your friend should just give up the ghost and move on, and let someone else who is more skilled have the chance of earning a few bucks, Sorry but your friend should move on to pastures greener and find something that better suits his or her own preferred skills.
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers:
