Legal Question in Employment Law in California
wrongful Termination
I was an office manager for a non-medical company,I was terminated one day after I informed the owner of a recent call I received directly from our corporate office regarding adult diapering and medication administration. Corporate said our company was NEVER to do this. He said he had known this information and was quote, ''willing to take his chances'' otherwise I would have no clients, and go out of business'' end of quote. I told him as an office manager, I hane a moral and legal obligation to discuss this w/him and he said, ''Don't worry about it, I will take responsibility for everything''. I had asked the owner prior to discussing diapering and med administration w/corporate, if doing these things was O.K. his answered, ''Yes, it's O.K. in the state of Calif''. to do the above mentioned. He also told me to tell the many Caregivers working for us that they were NOT entitled to overtime,even though many of them were working 12 and 24 Hrs. shifts for many consecutive days/weeks on end. He has mocked me in the past,made his eyes big, and said ''this is what you look like''. Stated he jusst does'nt like me. He did not pay me upon termination, and offered me a months pay if I dont claim unemployment.
3 Answers from Attorneys
Re: wrongful Termination
I suspect your boss told you caregivers "were not entitled to overtime" because you questioned him about the practice. You may have even said they were entitled to overtime. If so, your communication may have been in the nature of a "protest". The words and context will be considered by a court to addresss that issue, but the thing to know is that there are no "magic words" needed to make a "complaint" which can be informal and verbal only. If you were fired in part because your manager wanted to punish you and eliminate the possibility of more questioning, you would have a retaliation case. You can recover lost wages, emotional injuries, and punitive damage.
I urge you to contact the caregivers going without overtime compensation to seek legal counsel to evaluate their claims for class action recovery of unpaid wages, penalties, and attorneys fees.
Re: wrongful Termination
Your posting describes a disagreement with a management decision that got you fired. Probably not illegal, nor grounds for a suit.
You did not describe or claim that you were fired for opposing or complaining about non-payment of OT. If you could prove that, you might have a claim for retaliatiory firing. IF so, contact me to discuss the case.
The employees could make their own claims for unpaid OT, and I would be willing to discuss the facts with them.
You are owed your pay upon firing, and could file a claim for the pay, interest and late penalties if it was very long before receiving it.
The offer to pay a month in exchange for you not claiming unemployment is a questionable proposal, probably not enforceable, but if you take the money and file anyway, you have a credibility and ethics problem to overcome.
If you have
Re: wrongful Termination
Different attorneys can see situations differently. Based on the facts you provided, you arguably have a whistleblower retaliation claim: you informed your boss about what your employer should or should not do, presumably in connection with caring for those who cannot care for themselves. It would appear the concerns you voiced would be a matter of public interest, and could reasonably be the subject of statutory protection. Accordingly, you may have a whistleblower retaliation claim here. I would not, however, agreed that you should accept a month's pay in exchange for unemployment. First, unemployment could possibly be substantially more than a month's pay in the long run, and secondly, your employer may ask you to sign a release which you should not do until you spoken with an attorney. I would recommend that you make an appointment with the employee rights attorney in your geographic area discussed the particulars of your case.
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