Legal Question in Employment Law in California
help me what to do
My co-worker got fired because he was working and testifying to labor board. He's a undocumented employee. What can he do about this? Is that rule is true that if it's based on discrimination (testifying to labor board) that he will be reinstated back to work and employer has to pay his backpay? Can you explain to me on this matter, because as work wise, he's an excelent worker. He did everything even though is more than what he supposed to do. He doesn't have any oral warning, or any written warning for doing wrong things, which he didn't.
Please help my co-worker on this. Thank you
2 Answers from Attorneys
Re: help me what to do
If he can prove he was dealing with Labor Board about his employment, and then got fired, he may have a claim [civil lawsuit] against the company for 'wrongful termination'. Contact me if interested in discussing what can be done to settle or recover on this claim.
Re: help me what to do
california is an "at will" employment state which means that an employee can be fired for good cause or no cause whatsover. however, an employee cannot be fired for bad cause, which usually constitutes discrimination, sexual harassment, whistleblowing on illegal activity, filing woker's comp claims, etc...thus, if your coworker was fired due to whistleblowing on illegal activity to the labor board, he/she has an actionable case. if you would like further assistance in this matter, feel free to email me directly with how you would like to proceed.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
