How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Your Own Question

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4877
Experience:  Extensive experience representing employees and management
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

I was terminated by my employer violating their own policy

Resolved Question:

I was terminated by my employer violating their own policy and our unions bargaining agreement. Article 13 of seiu 1000 bargaining agreement and article 22 of cdcr operation manual. They also couldn't prove good faith intention when they deliberately withheld some information from me and suspended me unlawfully that's why they couldn't prove bonafide personnel action, Do you think I have a case for wrongful termination. They suspended me for 26 days based on some write up that were never presented to me and never filed in my OPF.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Unfortunately, a case for wrongful termination in violation of public policy is very difficult to prove, since you would need to prove that you were terminated for exercising your rights as a union employee, and that was the direct cause of your termination.

In addition to filing a claim, you can also file a claim for unfair labor practices with the National Labor Relations Board.

You can file a charge using the forms available online here:

https://www.nlrb.gov/what-we-do/investigate-charges


However, depending on your attorney's experience with dealing with wrongful termination cases, I would suggest that you probably defer to his advice in the situation and think about settling the case.

I wish I had better news to give you, but I hope you appreciate a direct and honest answer to your question.
Customer: replied 2 years ago.
Thank you for your advise, I will definitely file a complaint to NLRB, if I dont like the settlement offered. I also developed psyche injury during all these and they said its a bonafide personnel action, but I can prove that its not. I also have a pending stress injury claim which I think the reason why they fired me for other reason, they suspended me some two and a half year old write that I never knew existed and do not have my signature, never filed in my OPF file. while its stated in our article22 of DOM that if an adverse action is deemed necessary, the LOI has to be served within 21 days when the alleged misconduct occured and need to be served to me and if I dont agree with the allegation, i have 30 days to rebuttle. they just need to give an adverse action to justify termination.
Expert:  Joseph replied 2 years ago.
Yes, it definitely seems that they could have manufactured an adverse action in order to justify termination, when it was really done as retaliation for your ptoected activities and disability.

You can also file a claim with the Department of Fair Employment and Housing for discrimination on the basis of disability in violation of the Fair Employment and Housing Act.

You can file a complaint using the instructions avaailable online here:

http://dfeh.ca.gov/Complaints_eCompProc.htm
Joseph, Lawyer
Satisfied Customers: 4877
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    845
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    329
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3365
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.