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.


Asked on 11/06/06, 6:19 pm

4 Answers from Attorneys

Alden Knisbacher knisbacher law offices

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.

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Answered on 11/09/06, 5:58 pm
Deborah Barron Barron Law Corporation

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.

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Answered on 11/09/06, 6:13 pm
J. Cohen InternetLitigators

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.

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Answered on 11/09/06, 6:51 pm
Terry A. Nelson Nelson & Lawless

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.

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Answered on 11/09/06, 8:57 pm


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