Legal Question in Employment Law in California

Unfair dismissal

I have been employed with the same company for the past 7/8 years. In fact, I helped build the company from a welding shop to a machine shop because of my knowledge and experience. I was promised many things by this company if I would quit my then current employer and go to work for them. None of these promises were fulfilled, but I have stayed with the company all these years. worked long hours with no overtime pay or vacations. Now I have been fired because according to my boss I had a bad attitude, while asking for a raise that I haven't gotten in 4 years, yet he consistently is hiring new employees and says he cannot make payroll if we don't all take cutbacks. Do I have a case? I was told at one time that I was made the vice president of the company but I guess that was just in name. my employer also knew that I am facing surgery in the next few weeks.


Asked on 2/01/05, 9:12 pm

2 Answers from Attorneys
Thomas Pavone Pavone & Cohen

Re: Unfair dismissal

If you worked overtime withuot compensation you may have a claim depending on your duties. If your work was primarily managerial overtime would not apply. If your would was primarily non-managerial you may be entitled to overtime. Contact my office if you would like to review your situation in more detail.

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Answered on 2/05/05, 2:00 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Unfair dismissal

Check out http://www.dfeh.ca.gov/complaintEmployment.asp . He might have discriminated against you because of a medical condition or disability. As for the breach of promise, there is a 2-year statute of limitation on oral agreements, measured from the time of the breach.

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Answered on 2/04/05, 10:02 pm


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