Is retalitory termination during a probation period legal? : LUSENET : Law Of The Workplace : One Thread

I am considering submitting a written complaint to management regarding a hostile work environment created by my supervisor. As I have only been employed with the company for four months and am still in my probationary period, I want to know if it's legal in the state of California to be fired as retaliation to my complaint.

-- Beth Spellman (, January 25, 2005


that would depend upon your defining what is HOSTILE> Employer actions to employees are always actionable perse, and the complainer is protected by law, when certain types of acts occur. simply being a difficult boss, poorly trained boss, or perhaps misunderstood boss, is part of the world. Be thankful you have the job. sometimes bosses are deliberately harder during probation than after. It is a proving period. Can you focus on work and perform well ? or do you focus on how you aren't getting the warm fuzzies you want at work ? these things may decided your probation outcome. to answer your question, and from my own research readings, if your employer is NOT doing any clearly prohibited types of hostility towards you that are obviously wrong in the eyes of the law, he will be able to use the state at-will laws to terminate you ..." without cause"... at any time during the probation period.

Bite your toungue for awhile. wait till you get on to surer footing to stand before beginning a joust with your boss.

hope this helps. :)

-- daniel loran (, January 26, 2005.

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