Legal Question in Employment Law in California
Wrong termination
Seven months ago, I was asked to step up and help transtion the company over to SF location. B/c the commute was going to be burden on me, initially I denied the offer. Company executives pressed me to take the job and reassured me that I will not be terminated me for the length of the contract..2004. I continued to have series of lengthy discussions with President of the company regarding the nature of my position and terms of my employment. I was even given a written employement agreement stating that if I was laid off, my termination benefits will be granted to me. Today they value $63k. On 9/11, I was called in SF office and told I was terminated. I believe I was terminated b/c I had voiced concern about company's wrong doing to my EVP and wanted things changed. I also believe that b/c I wanted to start family and wanted to pursue my infertility treatments, I was wrongfully terminated, so the company does not have to pay/vest my options during my leave. Now the company wants to pay only 50% in acknowledgement of the agreement. The company's attorney reasons that if I take this case to arbitration I will have to give up and negogitate anyways. So he is saving me time and already offering me half.
4 Answers from Attorneys
Re: Wrong termination
If you have a contract, you should enforce it and not "roll over and play dead". If the contract provides for attorney fees to the prevailing party, your attorney will have little trouble changing the attitude of the company attorney, who is doing you no favor at all. Call if interested in discussing your rights. 714-960-7584
Re: Wrong termination
Omitted from previous response:
If you also have issues of retaliation for complaining about illegal conduct, and if you can show the firing was based in part because of the fertility/family issue, you also may have substantial additional value to the case, so call. 714-960-7584
Re: Wrong termination
I think you have a good wrongful termination case along with breach of contract, discrimination and retaliation. Before...I can advise you more...I need some specific info...how much were you making..how many emolyees they have...did they go through regular work force reduction..how much you were making...did you relocate based upon their assurance? Please e-mail me in details!!!!
Re: Wrong termination
These facts indicate causes of action for breach of contract, family status discrimination and wrongful termination in violation of public policy. Although it sounds as though you have an arbitration agreement, sometimes those can be set aside and going to court would provide more remedies. Please e-mail me or call me at 805/641-6600 to discuss your case further.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
