Legal Question in Employment Law in California

looking beyond Union Representation

I want to know how I can sue my former employer . I

was terminated because I had bought some personal

iteams on a business card that was issued to me by

my company. There are several other items that were

brought up in the termination meeting that really do not

hold any justification for my termination. I have had no

bad marks on my record and was terminated at a

moments notice with out any warning. The company

still owes me monies for college that I took during my

employment with this company. I have had difficulties

trying to get promoted. I even took an Electronic test that

was required to be promoted and was told several time

that if I pass this test , They will give me a promotion. i

was lied to on several situation that made me not trust

anyone in upper management. Want to know what to

do.


Asked on 6/27/03, 12:09 am

3 Answers from Attorneys

Amy Ghosh Law Offices of Amy Ghosh

Re: looking beyond Union Representation

You need to file a complaint with Dept. of Fair Employment & Housing. Before you sue your employer...you need to exhaust your administrative remedies...and get a right to sue letter from them. I can help you out !!Please take a look at my site at www.lawyers.com/amyghosh

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Answered on 7/02/03, 11:51 am
H.M. Torrey The Law Offices of H.M. Torrey

Re: looking beyond Union Representation

in order for you to get recourse for wrongful termination, you have to show a "bad cause" motive for your employer terminating you from your "at will" employment status. typically this means discrimination, sexual harassment, etc...if you can email me directly with more details along these lines describing your release, as well as if you have a legal budget to pursue your claims in court, i may be able to further assist you in this matter.

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Answered on 7/01/03, 4:51 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: looking beyond Union Representation

Thank you for your posting.

Your headline mentions a union, but you did not give details in your facts. Typically, a union contract states that you may or may not have certain rights, and you may have to go through a rep or arbitration/mediation instead of filing a case with a courthouse.

As Mr. Torrey suggested, you do have to show that you were either not at will (via contract or otherwise), or that the firing was based on an illegal pretext (you were fired based upon race, religion, national origin, etc.), or that you were demoted without cause, you would have cause to sue.

I hope that this information helps, but if you have further questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can.

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Answered on 7/01/03, 5:59 pm


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