Legal Question in Employment Law in California

Termination

I was terminated or laidoff from my job from 1 day to the

next without notice except for the night before it happened.

I was aggresively recruited from a company that I had worked

at almost 10 years. They made promises to me about a big

bonus at the end of the year in access of 40K. They told me

that I came highly recommended to them. The position they

had was a long term position as they needed an experienced

Plating Manager, something they needed badly. They assured

me that I was that person, they knew it was going to take

a long time to correct their problems and told me that they

would be patient with the process. Five months later they

fired or laid me off without any notice.

I am 50years old Hispanic with 28 years of experience in

my field. I have a great track record and good success

with all the employers I worked for. I am now working for

half the salary I was making and went unemployed for 30 days

before I took a consulting job to my current job.

Can I sue this employer for wrongful termination?

This happened July 2002.

Thank you


Asked on 4/30/03, 8:38 pm

3 Answers from Attorneys
Amy Ghosh Law Offices of Amy Ghosh

Re: Termination

You must go to DFEHA/EEOC and file a complaint against your previous employer...you need to exhaust your administrative remedies before you can sue them. Please call me for an appointment and take a look at my site at www.lawyers.com/amyghosh

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Answered on 5/04/03, 11:25 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Termination

i would need additional facts regarding your case to further evaluate if your termination was wrongful or not, or premised on a discriminatory motive by your employer. however, you may have a strong case regarding breach of employment contract regarding the $40K bonus you may be entitled to if it was part of the job offer in which you relied upon in deciding to work for this company. please email more information on both, and i may be able to further assist and/or represent you legally in this matter.

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Answered on 5/02/03, 9:54 pm
Terry A. Nelson Nelson & Lawless

Re: Termination

Yes, you have a claim. The 'fraud' of hiring you away from prior stable employment is your big issue, with income and bonus loss your damage. If you want to pursue this case, contact me to discuss facts.

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Answered on 5/05/03, 5:14 pm


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