Legal Question in Employment Law in California
Do I have a case for a law suit?
I was fired that evening after notifying
my employer that morning, I was have
to take off due to my daughter's acute
medical condition. I had taken off a few
days prior but notified my employer
before taking off and during the days I
was off notified them on 3 separate
occasions.
Also, I am a commission only sales
person, working anywhere from 75-90
hours per week making close to $200k
a year. They have decided, after 90
days to no longer pay me my earnings/
commissions, which stand between
10,000-18,000 pe rmonth.
There are many other circumstances
they would fire me. Whistleblower, etc.
1. Do I have a case for wrongful
temination
2. Loss of wages and commissions due
and
3. Entitled to FMLA compensation
4. Unemployment and overtime
My employer is an event company which
charters out numerous yachts. I have
close to 50 charters I have yet to be
paid for.
4 Answers from Attorneys
Re: Do I have a case for a law suit?
Your question regarding FMLA (and, in CA, CFRA -- the California Family Rights Act) depends on a number of things -- does the employer have over 50 employees (within a 75 mile radius of your worksite); did you work 1250 hours in the year prior; does the medical condition qualify as serious -- and, then, how good is your evidence that you requested time off -- it sounds like you might also have other good claims -- if you were promised and not paid commissions, you should ahve a claim for that -- the overtime issue depends on a number of legal factors -- were you what the law considers an "outside salesperson," etc. All of the specific facts should be reviewed in detail to give you an answer -- feel free to contact via email below -- and good luck.
Re: Do I have a case for a law suit?
It appears you were engaged in protected activity when they terminated you. You will have to file a complaint with the Dept. of Fair Employment and Housing within one year of the termination. Please call my office for a free consultation to discuss additional facts which will impact the strength of your lawsuit.
Re: Do I have a case for a law suit?
Plaintiff�s cases generally sound better before you hear the defendant's response. However based upon what you have written, it would seem worth your time to meet with a lawyer. There should be no charge for this initial consultation. Good Luck.
Re: Do I have a case for a law suit?
Whether you have a claim for violation of the leave and discrimination laws depends on a lot more facts than you gave. Feel free to contact me to discuss those facts if you are serious about pursuing this. I've been an employment law specialist for over 20 years.