Legal Question in Employment Law in California

Unfair dismissal

I've been fired from a major publishing company as the advertising director for 'inappropriate comments' made to my female assistant. After 5 years with the company, I have been given 3 weeks severance pay. The company refuses to tell me what comments they are basing their decision on and what evidence they have. I know they have none - I have a clear conscience. I believe they are trying to downsize cheaply and have co-opted my assistant to give them grounds for dismissal.

What can I do to fight back/protect my job/increase my severance pay?


Asked on 10/18/02, 4:20 pm

4 Answers from Attorneys

Martin Lathrop Russakow, Ryan & Johnson

Re: Unfair dismissal

Generally, California is an at-will state when it comes to employment and unless you were fired contra to some sort of company HR policy or public policy they can fire you for just about any reason absent an employment contract. Additionally, as long as the three weeks severance is in accord with their severance package you really have no right to further compensation. All that said, oftentimes attorneys are able to negotiate favorable severances for clients on a contingency fee basis. Feel free to contact me with any further questions.

Martin

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Answered on 10/22/02, 8:24 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Unfair dismissal

You may have wrongful termination claim against them..along with breach of employment contract, Breach of the covenant of good faith and fair dealing...Do you feel discriminated?Do you belong to any protected class?

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Answered on 10/22/02, 10:44 pm

Re: Unfair dismissal

-The question is, what do you think is the real reason for your termination? If it was based on discrimination or whistle-blowing, you mave have a case. Please feel free to contact me with more info at the e-mail address below or at 805/641-6600.

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Answered on 10/23/02, 12:43 pm
Terry A. Nelson Nelson & Lawless

Re: Unfair dismissal

It's your word versus her's, so unless you have actual evidence of fabrication of her story, there is little chance of winning a suit. However, you may be able to use the threat of such suit, plus your facts, to negotiate a reasonable severance package. contact me if interested in discussing that approach.

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Answered on 10/23/02, 1:30 pm


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