Legal Question in Employment Law in California

I feel I am being wrongfully terminated from my employer, Joe's Crab Shack, based on false allegations brought against me of Sexual Harrassment since I am a lesbian and of a high managerial position. The company I worked for does business in CA but headquarters are based in Texas. The company suspended me without notice or notification for over a two week period while they conducted their investigation. I was notified by telephone of the requriement of my decision to willfully resign or face career ending temrination. I am seeking legal counsel.


Asked on 9/27/10, 12:47 pm

2 Answers from Attorneys

Arkady Itkin Law Office of Arkady Itkin

Hello.

Your situation is unfortunate, but to determine whether the termination is actually wrongful, more facts are needed. As you can imagine, the employer has an obligation to investigate any allegations and the company is in a precarious position when such allegations are made as it has to protect the alleged victims first but then also protect your rights.

Resigning has a downside - you will not be eligible for unemployment benefits. I am not sure if you care about this, but this is something to keep in mind.

If you would like to discuss this further, feel free to follow up.

Thanks,

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Answered on 10/02/10, 1:40 pm
Terry A. Nelson Nelson & Lawless

You do not have a 'case' unless you can unconditionally prove that the charges against you were false, and that the company actually knew they were false. Probably not something you are going to be able to do.

Also, even if you can prove that, in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice. The employee's goal should be to keep the employer happy.

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Answered on 10/04/10, 12:08 pm


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