QUESTION

What do I do if I was fired for a reason that has been proven to have no merit, by multiple unemployment investigators and a judge?

Asked on Sep 10th, 2015 on Labor and Employment - California
More details to this question:
I was working doing inventory and asset protection. I was constantly scheduled to unload 2800 piece trucks by myself. I was not getting proper meal breaks due to under staffing in my department. I told my general manager that I can’t continue to miss lunches and breaks. I asked why Monday’s truck staff has 4 employees to do 1400 piece trucks, while I was doing 2800 by myself. My general manager told me that that’s not going to change and I better get the trucks done or my hours will be cut to 4 hours a week. I had a disagreement with a co-worker that was handled the same day by my main supervisor and we mutually agreed to move on, and continued to work together. Later, I again told my general manager that I’m not being allowed lunch. I’m being pulled off my lunches to do tasks because I was the only inventory person on shift, and was told others can’t do these tasks. I had tremendous reviews every month and had perfect attendance. Then almost a month after my disagreement with a co-worker, my general manager brought me into his office and said he’s submitting papers to the corporate to have me fired for said disagreement saying I was hostile in the workplace. It has been proven 3 times by unemployment investigations that at no time was I hostile. In the phone trial for the third appeal of my unemployment, the general manager admitted I was never written up prior to this incident, the co-worker admitted that it was nothing more than workplace banter. Their stories were also contradicting on the matter of who decided to take the initial handling of the disagreement to corporate, even after a supervisor handled it weeks before. (I have the audio of the trial where this took place). After I was fired, I walked out of the store with a TV. I met my breaking point, working my butt off and being fired for a made up reason, when the real reason was I was asking about illegal practices happening in our store. I plead guilty to a misdemeanor for taking the TV. They broke me physically and emotionally, then booted me. Advice?
Report Abuse

1 ANSWER

Admiralty / Maritime Attorney serving Monrovia, CA at The Law Office of Nathan Wagner
Update Your Profile
You may have a case for wrongful termination. They are not allowed to fire you for complaining about having to miss meal breaks and rest breaks. However, they are allowed to fire you for getting in an argument with a coworker. You should talk to a local attorney who specializes in wrongful termination cases, to see if it is worthwhile for you to pursue your case.
Answered on Sep 17th, 2015 at 12:20 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters