Legal Question in Employment Law in California
Facts:
History - Having worked for the same company 2004 to 2006, was rehired 2008 in a temporary situation which turned into Director of Business Development, the position I left in 2006.
1. I have been fired for not achieving an annual target set by a consultant no longer working with the company. BUT, went over target for last 2 quarters for which they are planning to pay me a bonus. Doesn't this negate the reason?
2. Company has no cash right now, forced me to give up a commission they needed and I strongly believe, per verbal communication, that my salary was too "rich" for the company. Also brought in several large clients for which they are only paying me partial commission, and will now become company accounts. At least 4 new clients will be signing up this month, for which they now don't have to compensate me. Reason for firing is clearly greed.
3. I have no signed agreement for 2009, despite begging for it, details of which they have still not supplied. Consultant represented the contents noting CEO needed to sign it, and I worked expecting honorable treatment. Does this nullify my rights?
4. After a long fight, company has agreed to pay me commissions according to conversations with ex-consultant BUT bonuses for achieving goals, and a one month's severance pay will NOT be paid unless I sign Severance Agreement. Can they withhold what I am due?
5. Emergency trip out of the country forced me to request forethought and let me know if they were planning to fire me so I could remain with my terminally ill father, which they denied, so returned after 7 days, $1600 air ticket and no job.
6. Reason they gave for termination seems to indicate it was my fault which disqualifies me for UI, I believe this was intentional and facts should discredit their reason. What rights do I have?
7. Signed a 2010 Agreement under duress to keep the job (there is only one other sales person who started in November 2009, that seems to have been geared to forcing me out (questions and answers of which I have in writing).
Thank you for your help.
Yvette
310-826-1311
2 Answers from Attorneys
You raise many issues, which will require a much more in depth review of the facts than can be done in this forum. Generally speaking, whatever rights you may have are delineated in your employment agreement with this company. That would include your right to compensation, commissions, bonues, when they must be paid and how it is calculated.
Verbal contracts are just as legally binding as written contracts but, obviously, that are more difficult to prove if the employer does not agree with your understanding of the terms of the agreement. You may have to prove the terms of your contract by circumstantial evidence. You will need to organize all writings, email, etc., list any witnesses you have and prepare your evidence for an attorney to review.
However, you should know that, unless you have an agreement that you can only be fired for cause or that you are employed for a fixed period of time, you will be presumed to be terminable at the will of the employer. This means, even if they lied to you about the reason you were fired, it does not matter. At-will employees may be terminated for "greed", as you suspect. They can even be fired for no reason, just not unlawful reasons. The only caveat is that they must pay you everything owed to you, per the contract.
Unemployment benefits can only be denied if you quit, without good cause or if you committed misconduct, as defined by the EDD. If the company tries to fight you, appeal it and ask for a hearing. You are entitled to be represented by an attorney at the hearing.
Clearly, you would have to spend the time with an attorney, who will have many questions to ask and documents to review before a more informed legal opinion can be offered. There are many fine employment law attorneys in the Los Angeles area. Good luck.
In general, unless you are civil service, in a union or have a written employment contract, you are an 'at will' employee that can be disciplined or fired any time for any reason, other than illegal discrimination under the Civil Rights, or Whistle-blower, or similar statutes. Your goal should be to keep your employer happy with you.
Since you signed a new agreement, then it defines your rights to the extent they are covered in it. If it also waived and released any prior claims [as it should have if the company's attorney was doing his job] then past history is nothing more than that.
If you believe you have valid claims for pay or benefits unpaid, you can file with the Labor Commissioner. If fired, you can apply for unemployment, and appeal if it is denied.
If you are serious about consulting with counsel to review the documents and issues, feel free to contact me to arrange.
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