Legal Question in Employment Law in California

Hello, I ask the following question on behalf of a friend. It is regarding wrongful termination.

My friend has worked his company for 3 years. About 8 months ago, he filed a wage claim because his company owed him OT pay (more like being misled that he wasn't entitled to those OT pay). His manager didn't say anything at that time. However, he just received a notice of termination due to his unsatisfactory performance. He was shocked since his performance evaluation has been either "satisfactory" or even "exceed expectation" in the past 3 years. He neither received any warning nor make any big mistake at work (maybe, a few minor mistake that many of his coworkers also have). It convinces him that his termination is actually retaliation against his wage claim even though he filed the claim 8 months ago.

1) Does my friend have a case of wrongful termination? If yes, is it gonna to be hard to prove the case (wage claim) since it happened some times ago?

2) Let's say that judgement is ruled in his favor. How is the compensation calculated? He wants to make sure that he will at least get enough to cover his attorney fee; otherwise, he can't afford the fee and time.

Thank you very much! Any help is appreciated.


Asked on 1/30/14, 10:33 am

1 Answer from Attorneys
Kristine Karila Law Office of Kristine S. Karila

It is unlawful to fire an employee because he/she filed a claim for overtime. IF he can convince a judge or jury that he was fired BECAUSE he asserted his right to overtime, he may have an excellent case. Have your friend call an employment law attorney to discuss all of the evidence which backs up his belief that he was fired BECAUSE he filed the OT claim. If he has a good case, an attorney may take the case at no cost to him and take a cut of the settlement or judgment - usually 1/3 if it settles before trial and 40% if the case goes to trial. 95% of all cases settle before a trial. Your friend needs to speak to the attorney directly. To get the facts from you is hearsay and you may not have answers to key questions. However, it is very nice of you to inquire on your friend's behalf. Wrongful termination/unlawful retaliation cases vary in their value because each one has different facts. Many of us offer a free initial phone consultation.

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Answered on 1/30/14, 11:41 am


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