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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 109921
Experience:  20+ Years of Employment Law Experience
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Customer Question

my husband was terminated because he was asked by his boss to do a job that was not in his job resposibilities and also he was threatend by the boss if you do not do it, you will be fired. his boss was yelling at my husband. and he did not get paid in full when he was terminated. what can i do to protect his rights in california, ventura county?
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 3 years ago.
Does your husband have a written contract for employment or is he part of a union contract?
Customer: replied 3 years ago.

there is no contract and he is not a union

Expert:  Law Educator, Esq. replied 3 years ago.
I am sorry to hear what has happened to your husband, but the reason I asked about a written contract or union contract is that absent such a contract, he is considered an "at will employee." An at will employee may be directed to do any job and any work the employer needs done at any time at the discretion of the employer and the employer may terminate an at will employee for no reason at all or for any reason that is not based only on the age/race/sex/disability of the employee and the employee has no recourse other than seeking unemployment benefits. When an at will employee refuses to perform an assignment of their employer, even if it is not one normally done by the employee, this can be considered "refusal to work" and also "insubordination" both of which are considered good cause for termination I am afraid and either of which if proven can be good cause to deny unemployment benefits as well. In order for your husband to have a legal claim for improper termination, he would have to prove the sole reason they did this to him was based only on his age/race/sex/national origin/disability.

The employer IS liable to pay the employee all wages earned from working upon termination or by the next regular pay day. If they have not paid him all money due upon his termination/next regular pay day, which includes any unused and earned vacation days, then he has grounds to file a wage claim with the wage and hour division to seek the compensation due him.

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Customer: replied 3 years ago.

can i file a personal law suit in the superior court for threatining my husband in front of employers in the company, and how much can i do it for

Expert:  Law Educator, Esq. replied 3 years ago.
I am afraid that you have no right to file any suit. Any suit that would be filed would have to be filed by your husband or his attorney licensed to practice law. However, threatening to fire someone is not against the law when the employer is telling an at will employee to do work, since they can be fired for not following instructions of the employer. His only potential for any legal action would be if he can prove that the only reason this was done to him was based only on his age/race/sex/disability/national origin and in that case he would first have to file a complaint with the EEOC and they have to investigate and grant him a right to sue letter before he could sue in court.

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