Legal Question in Employment Law in California

Malicious termination

I was let go after applying at a mutual company that we did billing and collections for. Also let go because a sprvsr's daughter didn't take well to me after her being employed for a few months. How long is statues up for any suit, i am upset that a termination is on my record, for no good reason. many people were let go wrongfully because of that new hire. I don't like now having to put ''yes'' for termination, & i have proof she lied to EDD she claimed i quit with mutual decision. that is in writing and i'm sure recorded by EDD that she purposely lied to deny my benefits. I was employed there for 2 years, (which seems to be standard protocol for them) she said I quit. But i was fired.I have in writing by the owner's son that i had no choice and see to it that the truth would come out. I was trusted by the owner to run his best company for a major hospital and also worked in conjuction with the other departments every day. what can i do at this point, i was let go on 12/31/02. I also know I can get more people involved for a class action suit. please advise.


Asked on 5/18/05, 11:55 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Malicious termination

In California, an employee is considered to be at will, which means you can quit for any or no reason, and be fired for any or no reason, except illegal reasons like discrimination and whistleblowing. There are certain other exceptions which might not apply here, including written or implied contracts.

You should marshal your evidence for any EDD appeal, and show them that you didn't quit, but were fired. This includes both documents and testimony from other witnesses. Good luck to you.

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Answered on 5/19/05, 2:35 pm


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