Legal Question in Employment Law in California

Unlawful & Deceptive Employer Conduct and Bad Faith

I was hired into an exec position. The title & scope of position was put in a signed employment agreement. The employer was in WA and I was based in CA. I didn't discover till later why I was having a hard time getting cooperation from staff at the WA headqtrs. I was perceived as not knowing ''my place.'' I didn't know I had been given the title in my contract, ''in name only'' which the Chrmn of the Board was telling everyone (and later in my presence). I was also shocked to see my name was listed on the published company org chart in line with the sales force while the box listing my very sr title (reporting to the Pres) showed the position as ''vacant.'' Yet I had the contractual duty to do this job. The Chrmn told me this had all been done for internal political reasons.

The misperception about my role resulted in written complaints about me to HR confidentially read to me by the Chrmn. These were sanitized from my personnel file when I requested a copy from HR. I was subsequently forced to resign & accept a consulting position doing the exact same job but with no benefits. The Separation Agreement was later breached by Mgt who violated the terms about not publicly disclosing that my resignation was forced.


Asked on 9/04/02, 3:40 am

2 Answers from Attorneys

Amy Ghosh Law Offices of Amy Ghosh

Re: Unlawful & Deceptive Employer Conduct and Bad Faith

How much you were making? Are you still working for them? How long you worked for them?

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Answered on 9/09/02, 4:25 pm
Terry A. Nelson Nelson & Lawless

Re: Unlawful & Deceptive Employer Conduct and Bad Faith

If you entered into a seperation agreement with normal terms releasing claims, you have no remaining rights other than for breach of that agreement. Breach claims require proof of damage such as monetary loss or defamation. Defamation in your case requires proof of monetary loss to be worth pursuing. If you have such proof, call to discuss. 714-960-7584

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Answered on 9/09/02, 6:21 pm


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