Legal Question in Employment Law in California

wrongful termination/denial of benefits

I was employed for 4 months by a company which sent me a letter of termination while I was out of town on a business trip for the said company. When filing for unemployment they stated to me in an email that I was laid off due to ''economic reasons''. When I spoke with the EDD they stated they received a letter from my employer stating that I was laid off because I did not perform my job functions as directed by the President. During the course of my job I had no professional contact with the President. He was not even aware of what my job was, let alone my supervisor. It seems to me that the statement they submitted would lead the EDD to believe I was fired, though before they told me I was laid off. There is also just cause to believe I was let go for neither of the above reasons, but because I was friends with owners in the company who had a falling out with the President and Chairman of the Board, and ended up leaving the company. Is there any legal action I can take?


Asked on 7/06/01, 4:17 pm

1 Answer from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: wrongful termination/denial of benefits

The first matter, obtaining EDD benefits, if denied then appealed would provide you with a limited discovery opportunity to shed some light on the underlying reason for your termination. I am assuming that did not have a written employment contract. If the underlying reason for your termination violated public policy, i.e., a law or constitutional right, then you may have a cause of action for wrongful termination. Whether or not your relationship with the former executives was the cause of your termination, and if it was, did that violated your constitutional rights of privacy and free association may be an issue to research. Please call me directly at (619) 22-3504.

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Answered on 7/11/01, 10:50 am


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