Legal Question in Employment Law in California

Should I get a Lawyer for Arbitration?

Former employer says if I bring one, they will bring an attorney too.

Would it be better to consult an attorney and make a written submission and not to take an attorney to the the court?

Wrongful termination, Retaliation and harassment.

I was a w-2 employee with an end date (under a yr). Possible blanket discrimination too since they hired contractors without any screening process (prob because they were giving my manager a kick-back). I didn't know of manager's involvement until I started asking questions about payment for excessive hrs (which I needed to approve). Then I learnt I was on a probation (not in the offer letter)! Manager still refused to work on a yearly review stating my work is shorter than a yr. So I am neither FTE or a contractor (no payment for extra hrs).

After termination, I went through internal appeal - both times I was knocked down - it appears they are documenting to protect them. Second review has things that were not stated in the first review (written form - possibly proof for putting things in my file to protect themselves).

Thanks for free help. I need it. Its been hard.


Asked on 11/30/11, 7:49 pm

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Hello,

Arbitration is definitely something you need an attorney for. It's hard enough for lawyers to handle employment arbitration proceedings, so without one you are not likely to be even able to present your case legally to the arbitrator and the opposing side.

The facts you present do not seem to support unlawful termination, but it might be worth exploring further to determine whether bringing an Arbitration demand is worthwhile and whether there is a meritorious wrongful termination claim.

Thanks,

Arkady Itkin

San Francisco & Sacramento Employment Lawyer

Read more
Answered on 12/01/11, 12:25 pm


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