Legal Question in Employment Law in California

California courts have held that it is unlawful, as against public policy, to fire an employee for complaining about wage and hour issues, including not receiving legally mandated breaks. As with any case for wrongful termination, the key to success is proving the unlawful motive for termination. Evidence, such as emails, are usually admissible to support such allegations.

It would not be possible in a forum, such as this, to assess the merits of your case, or the amount of damages you may be able to seek. To do that, you will need to speak privately with experienced employment law attorneys who will have many questions and will need to review facts specific to your case.

You should seek out such attorneys as soon as possible. One good source is the California Employment Lawyers Association, whose website is at http://www.cela.org/ . Click on the member search section of the menu and look for attorneys located in your area.

Good luck.

I agree with Mr. Kirshbaum. This is evidence of improper retaliation. However, you have the burden of proof. Direct (actual) evidence from documents (such as e-mails, etc.) or witnesses who knowledge of the facts) is useful but circumstantial or indirect evidence will also be helpful. Either way, you should consult with an attorney. Bob

It is unlawful to terminate or otherwise retaliate against an employee (such as by creating a hostile work environment) for complaining about not receiving proper breaks and overtime. If you file a lawsuit against your employer, your attorney will ask for all emails that will support your claim including those which evidence your complaint(s) and retaliation following your complaint(s). No subpoena is required to obtain documents from a party to a lawsuit in active litigation. The more details you provide to your attorneys about the emails, the more likely the attorneys will be able to obtain the documents from your former employer. As for the amount of damages to sue for, you are not permitted to ask for a specific dollar amount in the �Complaint� (the initial document filed in the court) in an employment case, so don�t worry about that. An attorney can help you analyze the VALUE of your case (i.e. how much you are likely to recover if you do sue).

Please feel free to give us a call at (213) 536-4236 for an individualized assessment of your case.