California Wrongful Termination Legal Questions

Has your employee filed for FMLA leave or any kind of disability?  Generally speaking, if they qualify, an employee can take up to three months of FMLA leave if they are approved.  The other option is disability if they are approved for disability.   And how big is your company?  That does affect how the law applies.... Read Answer

If you were complaining about safety issues, you may have protection as a whistleblower under Labor Code 1102.5, and you were fired as a result of your complaints.  But, I would need to know more about what kind of safety issues you complained about, did you document your complaints, did anything else happen that could give the employer reason to fire you.  I would also like to know where this happened.... Read Answer

Before you can find any attorney who might advise you whether in a State matter or Federal matter you have to provide a summary of facts that permits us to assess whether we have the requisite experience to help you. Many of us have handled federal employment cases...please provide a summary of the facts of your matter...Stephan Math Esq, smesq1@aol.com... Read Answer

It depends, if the bullying and intimidation were such that you feared for your well being and/or safety you might be able to argue that the complaint was of an unsafe working condition and there are laws protecting you from retaliation for complaining about unsafe condiktions............Stephan Math Esq... Read Answer

If provable, yes, probably on all counts....In California there is a labor code section on protecting union or collective activities not to mention Constitutional protections for the right of free association...there are also provisions for protecting employees from retaliation for complaining about unlawful acts.......i.e., wrongful termination.......and also for complaining about unsafe working conditions....as far as the layoff is concerned......how many employees who were similarly situated as you were laid off and was any reason given for the layoff? Also did company have policies re: Layoffs?.........Stephan Math Esq., smesq1@aol.com... Read Answer

You simply need a civil litigation attorney that has some experience dealing with the right of publicity or the missappropriation of an individual's likeness. I would start in this instance with a cease and desist letter to the websites that are illegally using your photos and if they don't comply the next step would be to file a lawsuit. Thanks,Jon... Read Answer

You may have an action for defamation..the issue of wrongful termination is a bit tricky only because in California you are presumed to be an at will employee and that means absent a violation of law by the employer in terminating you the employer could have terminated you with or without cause and with or without any stated reason. In order to evaluate the wrongful termination issue I would have to have more facts as to what it was you were accused of and what it was the so called witnesses had lied about.....furthermore, you should ascertain that these witnesses would be willing to come forward at this time and testify especially if they're still employed by this employer.........as far as statute of limitations is concerned there is in California a two year statute for personal injury.....in this case you would amongst other things be arguing injury to reputation, etc.....you do not say whether you have since been reemployed....if you have that will also affect damages which may be available..........Stephan Math Esq., smesq1@aol.com... Read Answer

Unfortunately the facts you've provided are rather sparse. What specifically did you complain of to your manager, i.e., why did you believe you were being discriminated against? Was this complaint or any of your complaints in writing? Were there any preemployment written communications indicating that you were being offered a secure position. Finally, did you leave another job to take this one or did you move geographically to take this job? If you would respond more fully to these questions, I would be pleased to review the matter further. You can forward those to smesq1@aol.com  ... Read Answer

Hi Jason: Sorry to hear about your situation.  Your question begs a lot of questions.   For instance, with respect to your bad back, was it related to work (e.g., were you injured on the job) or not (e.g., it is an old injury that is not related to your job)? If it is work related, you may have a workers' compensation claim (plus what is known as a Labor Code 132a claim as a result of your termination).  If it is not work related, you may have a disability/percieved disability discrimination claim.  But more information is needed in order to determine if the law was violated. As for the overtime work, it depends if you were an exempt or non-exempt employee.  If you were non-exempt (or misclassified as exempt), and if you worked over 8 hours in a workday or 40 hours in a workweek, and were not paid at a premium rate of pay, you may be entitled to wages and penalites.  More informatiion is needed with respect to your actual job duties and responsibilities in order to determine your status as exempt or non-exempt. Lastly, if you were terminated, your employer was obligated to pay you immediately upon termination.  If you have not received your final paycheck, you are entitled to your earned wages and penalties. Regards, Mark    ... Read Answer

Presumably they are offering you a severance in exchange for your agreement to waive any claims you may have regarding your employment. I would have to review the agreement, but most likely the compensation you are receiving is in exchange for your release, so you probably don't have the right to the severance unless you sign the release. Thanks,Jon... Read Answer

You pose a very interesting case in which I would love to help you with.  Thank you for the well written question.  This issues deals with whether the employee breached the contract or whether the company violated public policy in terminating the employee.  It is true that provisions in a contract are legally enforceable.  Here, the provision appears to deal with the physical location of the employee.  If the provision was clearly and expressly stated in the contract it can be interpreted as a contingency to adequate performance.  If the physical location of the employee was what was "bargained for"  in exchange for payment, then there is a strong case that the employee breached the contract.  HOWEVER, this case and issue is interesting  because there is an equally competing  cause  supported by public policy.  There are certain laws that prohibit employers from terminating employees because of disability.  Also, retaliating against an employee because of medical leave or medical condition is prohibited both under state and federal law.  If I were representing the employer I would argue that, the employer is only required to make reasonable accommodations unless there is a legitimate and justifiable business necessity that relieves the employer of the duty to make accommodations.  Based on the face of the issue, I believe the employers strongest arguments would include: There was no discrimination because the decision to terminate was based on a breach of an express contingency to performance which because of business neccesity could not be altered to accommodate employee.   The decision to terminate does not appear to be based solely or in part on disability. Also, employer could argue there was not duty to accommodate because the employee could not perform his duties even if reasonable accommodations could be made.  These are just a couple of the possible arguments that could be made.  I invite you to contact me. I need to read the contract so I can provide you with a more detailed answer. I can help you.  dadalaw@comcast.net Codi M. Dada, Attorney at Law "Doing everything I can to make good things happen."... Read Answer

Law  Office of Codi M. Dada Novato Ca. 94945 dadalaw@comcast.net Under California Law there are many laws that protect workers from being treated negativley do to serving in the military or leaving for military services.  Also, there are laws that prevent companies from discriminating against you because of work related injury or the need to take time off because of the birth of a child. I can help you determine if the conduct of your employer was unlawful,  I can help you determine your options.  I would like to assist you.  I need more information.  If you like I invite you to contact me.  Best Regards Codi M. Dada, Attorney at Law ... Read Answer

My name is Codi M. Dada Esq. I'm an attorney in Novato Ca. phone 415 827-1425.  To answer your question requires much more information.  What was the character of your employment?  Were you and at will employee or did you have an employment contract?  Is there a employee hand book or manual wich discusses the manner in which termination must occur?  How have other employees in similar situations treated?  What is the history of the company policy as to this issue?  Has there been any implied assurances or promises regarding the manner in which terminations must occur?  If you prefer to call me it would be helpful because it would speed up the communication process. 415 827-1425 ... Read Answer