Legal Question in Employment Law in California
vindicated by email?
My question: is there any way for a recently fired employee to
compell his ex employer to not destory or alter his and/or all other
company email?
Brief explanation:
I'm a 37 year old 13 year veteran of the technical publishing
industry and have just been, well fired is the word here. this
happened the week my owner (whom I answer to directly) returnd
from a 3 week trip to europe. the night he got back he
suspended me with pay by phone, the next dat I received another
message where he terminated me and spoke about a series of
vague and very open ended accusations or 'reaons' that
contained, worryingly, a variety of possible charges.
I've thought about this for 2 days and nights now and I've done a
great deal of reading including nolo press, and some actual cases
:} I believe there is a good chance to show a implied employment
contract, and even without one I think there are still several
possible charge angles I can hit him with.
anyway, I'm more than certain that any review of the internal
company email correspondence over the last month or so would
vindicate me immediatly and totally from anything he has
(possibly) accused me off.
4 Answers from Attorneys
Re: vindicated by email?
It is almost impossible to "destroy" company e-mail, but whether you are entitled to ever see it is another question. Your best bet is to have a lawyer contact the company and demand that the hardrive of the computer you worked at be imaged immediately. Failure to do so may be deemed spoilation of evidence.
If you have a case and you file suit, you may be able to have an expert go in and search the hardrive an the image taken, to find the evidence you believe exists. This is a very expensive process but it is all you can do if you think you can be exonerated.
First, you must be able to show you have a meritorious case before a court will give you access to the company's property.
Re: vindicated by email?
An employee has the right to review their HR file and if you believe that there was some improper action in firing you, there are legal remedies, including suits for wrongful termination, etc. An attorney could help you to formally contact your former employer and inquire as to records and the reason for your termination. If you have sufficient facts, you may then pursue legal action. If you are in the area and seek further consultation, please feel free to contact our office.
Re: vindicated by email?
Absent a written contract, or overwhelming evidence to the contrary, you are 'at will' in CA. The best I can offer you is to negotiate a reasonable severance/settlement package and try to keep your record clean of 'misconduct' or 'performance' firing. Contact me if interested.
Re: vindicated by email?
You may have causes of action for wrongful termination, retaliation, breach of covenant of good faith and fair dealing. Do you balong to any minority/protected class? You also need to go to DFEHA to make a complaint to exhaust your administrative remedy. Please take a look at my site at www.lawyers.com/amyghosh
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