Results 1 to 4 of 4

Hybrid View

  1. #1

    Default When Can You Sue for Wrongful Termination

    My question involves employment and labor law for the state of: CA

    Hello,

    I have been working for the same fast food franchise for over a year & was recently terminated on the grounds of "At-Will Employment". During the course of the year I was working I put in a lot of Off The Clock hours, with the managers knowledge as well as the owner of the franchise & was not told not to do so nor was I informed that it was illegal. I, myself., was not.aware.that it was.illegal at the time because 1.) It was my very first job. 2.) It said absolutely nothing about it in the employee handbook. Yes, the work was "voluntary" no one told me I "had" to do it but at the same time, no one told me not to either. Now, a week before I was actually terminated, I was taken off the work schedule. I was told not to come in because "I wasn't needed". That was a little over a week before I was called in to sign termination papers, which I was not given a copy of & refused when requested for copies. The manager, who is new.&.only been managing the store for about three months give or take, had been bombarding me, picking on me & harassing me since I met her. Every week, she was writing me up for every little thing, constantly cutting my hours while everyone else had 30 or more, constantly yelling at me in front o f coworkers, she was always watching for things that I was specifically doing and even if there was another employee in the wrong for something, if it was during my shift I was getting written-up for it not anyone else. I went from 35 hours a week to 14 hours a week. And whenever I would point out something wrong that another employee did she would simply respond, "I'll talk with them & deal with it" but she never evee would & especially not in the same way she.would with me. Finally, I was terminated becauseI did not sign & date one product in the store and she says it the "third" time shes spoken to me about it when actually, it was the second, but she just wanted a reason to get rid of me so she used to "At-Will Employment" on me and said she did not need a reason to fire me based on that. Now, my Mom says I can file a lawsuit but I wanted a second opinion. What do you guys think? Do I have a case & who would you recommend for an attorney? Thanks.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Off the Clock Work, Wrongful Termination, Harrassment, Etc

    file a suit for what? This was not a wrongful termination. It might have been sleazy, unfair, selective, and many other things but it was not wrongful nor illegal.


    If you have been working off the clock, you can file a claim with the Cal dept of labor (DLSE I think, not sure). They cannot allow you to work off the clock and are liable to pay for the time you did work off the clock, that you can prove.



    I do not know if they were required to provide you with anything you requested. There are a couple around here that can answer that.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Off the Clock Work, Wrongful Termination, Harrassment, Etc

    Since you are in CA, you are entitled to a copy of anything in your personnel file that you have signed. You can include the refusal to give you copies of the termination papers when you file your wage claim. Though I'm not sure what you think they will prove. That you were terminated? That's not up for debate.

    You have legitimate grounds to file a wage claim for the time you worked off the clock, and to complain that you were not given a copy of the termination papers. As for the rest, you're pretty much out of luck unless there's something major you aren't telling us.

  4. #4
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Off the Clock Work, Wrongful Termination, Harrassment, Etc

    So your Mom's a lawyer?

    1. Sponsored Links
       

Similar Threads

  1. Getting Fired: Wrongful Termination
    By sgoode45 in forum Employment and Labor
    Replies: 9
    Last Post: 10-29-2009, 05:03 PM
  2. Getting Fired: Wrongful Termination
    By BartD in forum Employment and Labor
    Replies: 1
    Last Post: 12-30-2008, 07:54 PM
  3. Getting Fired: Wrongful Termination
    By jabadhat in forum Employment and Labor
    Replies: 1
    Last Post: 05-08-2008, 11:36 PM
  4. Getting Fired: Demotion Turned Into a Termination
    By jjkkamex in forum Employment and Labor
    Replies: 4
    Last Post: 04-07-2008, 04:10 AM
  5. Getting Fired: Statute of Limitations for a Wrongful Termination Claim
    By mtrahan1974 in forum Employment and Labor
    Replies: 3
    Last Post: 11-08-2005, 03:15 PM
 
 
Sponsored Links

Legal Help, Information and Resources