Legal Question in Employment Law in California

My most recent employer created a hostile working environment for me and I was about to explore my options to deal with this, then they fired me for some bogus reason (so far the EDD agrees with me it was a wrongful termination and is paying my unemployment).

I can definitely prove that I was belittled publicly and undermined by my boss on a daily basis, and I may be able to prove that he knew that I was about to be a whistle blower in this regard,but that would probably take subpoenas for records and witnesses.

I have no idea or proof that this was racially motivated and I am a white male. Do I have any kind of ability to seek recourse here?

Also I wasn't paid my vacation pay and my final check stub shows only regular pay. Would it be relatively easy for me to treat this separately from the hostile environment and just bring that to small claims court?


Asked on 4/28/10, 4:51 pm

2 Answers from Attorneys
Robert Worth Robert J. Worth , Professional Law Corporation

Whether you have a wrongful termination claim will require additional facts. How long did you work there? Are you a minority? How old are you? What were the employer's allegations for supporting your termination? Did you ever complian about the harassment? Your right to all pay upon termination is by statute. The Labor Code states that you must be paid all monies due to you including vacation pay upon termination but certainly with in 72 hours thereafter. Waiting time penalties up to 30 days' pay are available for non-pay of your monies. You should consult with an attorney or you can go to the CELA website (Calif Employment Lawyers' Association) to find an attorney. I hope this helps. Bob

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Answered on 5/03/10, 5:09 pm
Terry A. Nelson Nelson & Lawless

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� or explanation, other than for illegal discrimination or retaliation under the Discrimination, Civil Rights, or Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy. If your case doesn't fall within the civil rights definitions, your remedy is to look for new work. If you can prove it does fall into that category, then feel free to contact me.

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Answered on 5/03/10, 6:33 pm


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