Legal Question in Employment Law in California
Wrongful termination. No final wages. Breech.
I worked for a large electronic retailor.
Vacation of college dorms during Christmas breaks is mandatory.
My employer said this was not justified by a Leave of Absence; that I would terminate my own employeement then call them when I returned & be reinstated to my former position.
Our schedules are Sun-Sat; I could work Sun-Thu so I filled out a Request for Time Off for the Fri/Sat I was to leave to prevent under scheduling. My RFTO was signed by a manger per company guidelines.
When I returned I was told I had been term'd b/c ''post-holiday assessment'' required cut backs. ANOTHER manager said HE fired me b/c I didn't show up the Friday my plane left; and had ''no knowledge of any RFTO''. Can he do that?
5 months later, I have YET to get my final wages OR my bonus. 2: getting my money.
My position was filled within 2 weeks. 3: Can they deem my position unnecessary then fill it w/ another?
Unfortunately THEY have the only copy of the request for time off. IF they haven't destroyed it, how can I force them to dig a copy up?
They've REFUSED to provide me with contact info for their superiors. Can they deny me this information?
1 Answer from Attorneys
Re: Wrongful termination. No final wages. Breech.
Unless you were part of a union or had an employment contract, you were almost certainly an at-will employee. They were allowed to fire you at any time. However, once they start giving you reasons for the termination, they could expose themselves to liability.
Their failure to pay your final wages certainly gives rise to statutory penalties. If you moved and left no means of contact, their failure to pay might be excused.
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