Legal Question in Employment Law in California

Complex situation.
On 051407 at 0800 I was first terminated from my job working with a government contractor with the US Border Patrol. I was accused of harassing a high ranking agents wife. On 051507 at 1800 I was informed that I was now under suspension pending an investigation. A after an interview with a company investigator, they determine that there was no grounds for any termination or harassment of any part. I was offered my job back with pay. On 052407, I was informed that I could not go back to my job unless I moved to another state, be demoted to another another position that payed half my salary, resign, or be terminated. Bottom line, the high ranking agent had the power to keep me off the border patrol compound where we worked, therefore even after the investigation found me innocent I ''officially'' did not get my job back. I had no choice to resign and look for another job. I need help in finding if there is any way for legal course here to help me and my family. I felt that I was interrogated (accusation of harassment with a threat of a restraining order and the presence of two local police cars outside) with out any due process by the border patrol. I can explain much more in detail. Please help. Thanks.

Asked on 6/19/07, 3:17 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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Re: Complex situation.

Unless you were a union contract controlled employee, or if you had an individual written contract of employment, you are an 'at will' employee with limited remedies. You have described a 'politics and personality' based adverse job action; it's "unfair", not illegal. Nobody said life is fair. If you actually were to file and win such a lawsuit, your max recovery would be provable lost income, with no attorney fees payable. Thus, there will be little interest in your case by attorneys, unless you are willing to pay substantial fees, at risk.

Answered on 6/19/07, 1:31 pm

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