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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5065
Experience:  Extensive experience representing employees and management
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I was fired on 11/28/12, I was told by the manager that it

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I was fired on 11/28/12, I was told by the manager that it wasn't work related it was personal. He back dated discipline actionary forms for 24 days prior and tried to make me sign them. I declined to sign these as I was never spoken to. I sent the HR department a 3 page statement detailing the hostile work environment and hassarment I endured along with 20 different detailed incidents. HR recieved this letter on 12/3/12 and the CFO of the company called me on 12/5/12. He apologized for my situation, stated he wanted to try and make me "whole" again after what happened to me and that the manager in question is recieving disciplinary action. He offered to overnight me $10,000.00 if I signed a disclosure. It is my opinion that I was wongfuly terminated and would like to know what a fair amount would be for compensation?
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.

Do you have reason to believe that you were terminated due to discrimination based on a protected characteristic (such as race, gneder, national origin, or ethnicity) or was it just for 'personal reasons'?

Do you have an employment contract with your employer or are you an 'at will' employee?
Customer: replied 1 year ago.

He told me he hates smokers and that I was disgusting, told me I wasn't allowed to wear my perfume because it reminded him of his ex wife, he threw timesheets that hit me in the back of the head. I would say it's mostly verbal abuse, harrasment, sexist remarks and innuendo.


 


As far as a contract, when I was hired on i recieved a letter from the company stating I would have 2 weeks vacation, sick pay and go to 40 hours a week after my 90 probation period, which never happened. I am not sure if this is considered a contract.

Expert:  Joseph replied 1 year ago.
Hello Lacey,

It does seem that you have a godd case for gender discrimination in violation of the Fair Employment and Housing Act for the treatment that you suffered.

Does the $10,000 amount require that you wave any and all claims that you may have against your employer?

Also, unfortunately, the offer letter that you received doesn't constitute a contract, and you would still be considered an at-will employee, meaning that your employer can change the terms and conditions of your employment or terminate you at any time for any reason with or without any prior notice.

This stems from the employment at-will doctrine, which is codified in California Labor Code Section 2922, and states:

"An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month."

That is, unless the reason for your termination is due to discrimination based on a protected characteristic, such as gender.
Customer: replied 1 year ago.

Yes, he would like me to sign a waiver that will wave all claims. I am only allowed to talk to him via the telephone. No records I suppose. My question is what is a reasonable amount to ask for compensation of my loss.

Expert:  Joseph replied 1 year ago.
It's very difficult for me to judge what a reasonable amount would be since I don't know what your salary or length of service was with the company.

If you do receive a settlment or award after trial, you would likely receive considerably more than $10,000, but there's definitely a risk in going that way, since you would need to prove that you were discriminated against on the basis of your gender, and that this was the reason for your termination.

That said, I think you could likely request more than the amount that you have been offered ($15,000 would be a good amount), although it's also quite possible for your employer to not agree to the new amount or to rescind their initial offer if the employer beleives that it can demonstrate that you were terminated for reasons unrelated to your gender.

I would definitely suggest that you consult with a local employment attorney to assist you in your claim.

You can find an employment attorney on one of the following sites:

www.avvo.com

www.lawyers.com


www.martindale.com


Joseph, Lawyer
Satisfied Customers: 5065
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.
Hello Lacey,

Please remember to rate my answer positively so I get credit for my work!

Or, please feel free to ask me any follow up questions that you have.

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