My question involves labor and employment law for the state of: California
Does my wife have a case? Please read below:
work history -
All my prior reviews were either outstanding or fully meets, top 5 awards and large approval by work staff on job well done.
about 4 months ago a new mgr started and we didn't hit it off very well at all. Others had noticed how he would treat me as well. on one occasion he made the following comment to me. " when I grow up and decide what I want to do for a living, we will have a career discussion. " I was pretty disturbed by this and reported it to HR where they were a little puzzled as well why he would make a comment to me like that; work environment was quite stressful. Others too were feeling the stress.
on thursday 17 july, 08 evening around 4:30pm, i got a call from my assitant stating that they took my computer because it had a virus on it.
on friday 18 July, 08 I went into work to find my computer still missing. left a message for both the IT person and my manager to let me know when they are done with it do I can get to work. i went home.
on friday 18 july, 2008 around 2:30pm I received a call at home from HR, my manager and corporate legal stating that i was being put on administrative leave with pay pending an investigation. when asked what it was about, it was not told to me. i was then sent a letter, same day courior, with a written notice of my administrative leave. the note also told me to stay away from work and to not contact any employees and that i would be informed of the investigation when it was completed.
on friday 18 july, 2008 around 4:30pm i received a call at home from HR stating that my wifes brother, a previous employee had been seen in the building. I was shocked and said are you sure? she then persisted to say yes, we know what he looks like and he has been seen in the building. She then persisted that I supply her with all information about him, phone, type of car, license plate, etc. I didn't know anything except his work phone. he was an ex employee, the brother of my wife whom we very rarily speak too. it was later determined that the person they thought was him was indeed a sales rep of the company with a simular appearance. i was informed that the police were called out on the matter and hired PI's to watch the buildings as well. this caused a lot of undue stress to both my wife and I all weekend.
on monday, i noticed 3 cars following me around and was told by an unknown source that I am being investigated for embezzlement.
On Wednesday, 23 July, 08 i received a call at home from HR, my manager and legal councel stating that they have some questions they would like to ask me and that I had said what ever they needed for assistance, I would be willing to help. I agreed to answer the questions: the first one was regarding the company gas credit card. they asked me about charges on it from several different locations and wondered if I knew about it. I told them yes, I used it. I then informed them that my previous manager had said that if I were to come in after normal business hours, to go ahead and use the card to fill up. So I had used it, i believe for a total of $600.00 for a one year period....btw, the majority of the time, I used my own money even though i was ok'ed to use the card. they asked if I had anything in writing to support this? I said no, but we can get my previous manager on the phone to confirm that my statement is true. They were not interested. They then asked why i had lied on my original job application about having a felony criminal record? I said I didnt, I even discussed it with the hiring manager at the time I interviewed. They said it was ok. i even think that the one interviewing me said they discussed it with HR as well. I was told dont worry about it. Thank you for sharing it with me. The corporate legal counsel asked why i didnt mark it on the application, i said i had verbally discussed it and was told not to worry about it. He then asked 'why i didn't tell them about my previous employer where the incident happened, again, I told them I did disclose this information. It was never updated on the application. at this point, they made the comment that they are not satisfied with my response and that i was going to be terminated effective immediately. please return all files, phones, data cards, etc and they hung up on me.
side note: on wednesday, 23 july, 08, a coworker and my wife went to lunch and was informed that about 3 months previous, the executive assistant called up the coworker to their area and asked if she had noticed anything unusual about my wife and I? She responded no and was then told to stay away from us, do not get in the car with us or go to lunch with us etc. The coworker said unless this is put in writing i can go to lunch with whoever I want and walked away. my wife was very upset and stressed even more now.
MY WIFE'S TERMINATION:
on wedneday, 23 july, 08 another coworker was with another coworker when the coworker recieved a call on his personal cell phone. the coworker picked it up on speaker and a girl said, are you alone. The coworker motioned to his other coworker to be quiet and said, yes. the girl then proceeded to say, just so you know, myself, my wife and the coworker listening to the call are being terminated effective----the coworker hung up the phone. The other coworked was quite taken back by it. The coworker who heard the conversation told my wife what he had heard and again, upset her even more. why are they firing you and I as well?
The coworker was a temp and the manager saw him during the day and asked when he gets off work. He told him and the manager said ok. As the coworker was leaving he received a voice message from the manager stating that his services are no longer needed and that the temp agency had been notified.
When my wife arrived home, she was visibly upset and shaken by all this and called her manager to inform her of the conversation she had been told about her being terminated. Her manager said I dont know what to say except maybe you should call HR in the morning.
My wife tried calling HR several times starting at 7:45am on Thursday 24 July, 08 with no success. FInally at 10:16 am, my wife left a message on HR's phone. HR called her back at 10:30am. My wife was informed that HR, legal and another legal person were in the room. HR stated she wasnted to aks a couple questions? My wife said yes. The question asked, did she graduate from high school? She answered No. They asked why she said yes on the application. She said she wanted to get a job. HR said, okay well, thats grounds for termination - she said ok. then they went into figuring out what to do about her personal things if she would like to come in and get them, etc., my wife said it would be difficult to do. so then my wife asked if it were possible to have it sent to her. HR stated Is there anyone here that you would like to come and get it or bring it to you. My wife metioned that she had already packed up three bags because she had heard a rumor that she was going to loose her job. they said they will be mailing her check with termination papers. she said I am really sorry, you were a good employee. all her reviews were either fully meets or exceeding. she would get recognition awards and gas cards all the time for her outstanding performance.
1. Do we or more spedifically, does my wife have a case as she had nothing to do with my actions and was terminated on a technicality that happeneded over 7 years ago?
2. Her job performance was outstanding?
3. Did they check others applications as well or did they simply pull hers because of her relation to me?
4. I've had two other, currnet employees contact me stating that if their application was investigated, there are items on theirs that woudl cause them to be terminated as well.
HELP! We have 4 young children, zero income now and are looking in a hard market.