Legal Question in Employment Law in California
Wrongful Termination
I was just recently wrongfully fired. Just one month ago I recieved a glowing review and they could not say one thing about me that I should improve on and they gave me a raise. I was working full time and was going to be starting school in August and had to go part time. I notified my employer. I was offered a part time job at another company and informed them. They told me that they want me to stay with them part time and I accepted. 2 weeks later they said they could not find another part time receptionist (even though they told me they would not start looking for one until the end of August) and fired me. I also did medical transcription for them at home. They still owe me $48.00 for my last transcription bill. The office manager is refusing to give me my last check until I return my transcription machine to them. This is where I have the problem. When my machine broke 9 months ago the office manager came to me and said she would buy me a replacement machine instead of giving me a raise for my transcription. I acceppted the machine over the raise. I need to know if it is legally mine or can she really take this back from me. Please Help. I don't know what to do.
1 Answer from Attorneys
Re: Wrongful Termination
As to the termination, either party has the right to end an employment relationship at their will. Based upon the infirmation you offered, it does not sound as though you have a case. You would have to be able to prove that you were really fired for an unlawful reason.
As to the transcription machine, the verbal agreement is probably binding and enforceable, but what if such an agreement is denied? Do you have any way to prove that it was intended as a form of wage? The bottom line is that they will claim it was company property given to you for business use and must be returned. If you cannot prove otherwise, you will be held liable for the value of the machine.
In any case, they must pay you the $48.00 for your services. If they don't they could be liable for the equivalent of a day's pay for every day they are late, up to 30 days from the date of your termination.
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