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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4875
Experience:  Extensive experience representing employees and management
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Need a CA Labor Law ExpertOur company was hiring a staff

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Need a CA Labor Law Expert Our company was hiring a staff position for which I am/was the supervisor. When the resumes started to get forwarded to me they were statistically over 50% one specific ethnic type of person. I really noticed it because the names were all really hard to verbalize almost as if HR were trying to fill a race deficiency in the company (I've figured this out now after the fact). Anyway, in a kiddingly and half caringly (like "what are you doing") query to the HR department I picked up the phone and asked "what's with - fill in the ethnic type- invasion of these resumes?" Myself, I wanted the best candidate regardless of anything. Three days later, my boss calls me in to his office and asks me if I made the comment. to let me go because it was a violation of company standard of conduct blah blah. On the document that is the Change Of Relationship it states that it is a violation but nothing is documented in writing. No detail of the event. Supposedly, the HR person was offended and another person in her office at the time. Obviously this is a set up of some kind. I also have been working on fixing some financial irregularities in the company. So there is a whisleblower element involved. I just want to get UI and find another job. I am wondering, when the EDD paperwork comes - what in the world do I answer as teh reason for separation? There was no warning, no due process of any kind. Just bang, Obviously I was getting a little too close to some truths on some of the other financial dealings in the company - they wanted me out. Do I have any shot at a wrongful terminationas well? I'd be happy just to start over and be able to get UI to tide me so I can choose a new position instead of just having to take one to get money in. Thanks
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help. You should state that the reason was 'an alleged violation of company policy,' but explain that you don't believe that this was the actual reason for the termination. You should include details about your work on the financial irregularities and that you believe that this was the real reason for your termination.

You would also have a shot at a wrongful termination in violation of public policy lawsuit for being terminated due to your whistleblowing activities.

I would suggest that you look into hiring an attorney to represent you on the wrongful termination claim.

You can find online here:

www.lawyers.com


I suggest that you hire an attorney on a contingency basis so you only have to compensate the attorney if you receive a settlement or a verdict in your favor.
Customer: replied 1 year ago.

Do I put anything on the EDD form about the verbal detailed reasoning that I was told.?

 

On the notice paperwork the reason states: "Violation of Standards of Conduct (Insubordination,Harrassment)" - and I didn't even sign it, it was such a joke.

 

but NO detailed description of the event. On the phone call follow up can I omit the verbally since it wasn't written on the exit form?

 

I will accept your answer after this response, thank you

Expert:  Joseph replied 1 year ago.
Yes, you should state the reason that you were given for the termination, including the reason that was stated on the notice paperwork that you received.

You could omit the reason that you were given verbally, but it would be best to be up front about the reason that you were given, since it could jeopardize your ability to receive unemployment benefits if you are not completely honest with EDD.
Joseph, Lawyer
Satisfied Customers: 4875
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks
Expert:  Joseph replied 1 year ago.
Thank you; best of luck!

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