Legal Question in Employment Law in California

unlawful layoff

is it legal for a company to lay off someone that is doing a good job while the company is still in a hiring process?

i believe i was laid off due to a disagreement with the manager over a reduction in my wages, of which i have a wtitten and signed employment offer from this company that clearly states the salary at which i am to be paid. the company did not pay for overtime for a manditory meeting on a saturday of 8 hours which gave me 48 hours that week. i was not paid for accrued vacation time when given final check.

i have documentation to support all above.


Asked on 7/15/04, 2:20 pm

2 Answers from Attorneys
Alden Knisbacher knisbacher law offices

Re: unlawful layoff

That is unlawful retaliation; you would be able to sue for wrongful termination and for unfair business practices. . . If this was done by someone high up in the company -- e.g. an owner; you might also be able to prove punitive (punishment) damages. . . Feel free to respond to this email or call if you are in Northern California -- 415-522-5200.

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Answered on 7/19/04, 10:00 pm
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: unlawful layoff

Your case for retaliation is there, but it's difficult to know how strong a case it is without knowing more of the facts. Your case for unpaid overtime and unpaid vacation time is probably VERY strong. Feel free to give me a call to discuss your case. 949-548-1700. -Ben

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Answered on 7/19/04, 11:28 pm


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