Legal Question in Employment Law in California
After working for this company for 6 months, I was suddenly told I was not doing a good job. My boss starting writing me up stating �I�m going to write you up until I get rid of you�. She was also aware of my Multiple Sclerosis condition. She would tell me that I should quit cause of my condition. When I got married she suggested I quit now that I�m married. When I finally got let go, it was for not meeting Sales Per Hour. I was never informed where I was at on a weekly or monthly basis nor was I told were I was at the time of discharge. When I asked for a copy of my SPH history I was not given one nor a copy of my last write up because I refused to sign it. I now have $ coming to me but they will not give it to me unless I sign a piece of paper stating that I will not sue the company. Sept 9 is my deadline or I loose the $. There is more but I am limited on space.
2 Answers from Attorneys
This sounds outrageous, especially being told to "quit because of your condition." You have to make a choice -- should you take the money and sign a waiver of all of your rights, or should you file a lawsuit and endure perhaps a year and a half of litigation before a verdict or settlement which could be more substantial than the offer. Many people would opt for the latter, while others might feel they don't have the fortitude for battle and relieving the entire experience several times.
In any case, it might be worth your while to speak with an attorney in the Sacramento area to gain further perspective. Many employment attorneys will offer a free initial consultation. I wish you luck.
As Mr. Cohen stated, this sounds like your employer blatantly violated your legal rights. At the very least, it's worth negotiating a higher severance than the one offered before you sign the Release. Filing a lawsuit might be another option, but if you can obtain significant compensation through severance and avoid litigation, it might be a better route, depending upon the circumstances of your termination and other facts.
Thanks, and feel free to follow up.
Arkady Itkin
Sacramento Employment Lawyer
http://www.arkadylaw.com
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