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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5043
Experience:  Extensive experience representing employees and management
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I was asked to resign or be let go by my employer in March

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I was asked to resign or be let go by my employer in March 2012. I worked for the company 7 years and I had no warnings or problems. Then in late february, a co-worker accused me of harassing/hitting her in a bathroom. She got another co worker as a witness and reported it to the HR department. The deal was that I went to the bathroom to hit her when I didn't. I went to the bathroom to ask her why she had told the other co worker that I had reported her to Upper management about wearing flip flops at work.

Both co workers seemed to be dating and protecting themselves. I was then called by HR and asked about the incident. I denied it since I never did anything remotely close to what they said. Two days later they asked me to resign or be fired. I was terminate two days later, upon investigation. There were a lot of shady indivduals at that company that played favoritism. I never did anything wrong. Do i have the ability to bring a wrongful termination suit?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello.

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

Do you believe that you were discriminated against on the basis of a protected characteristic (such as race, gender, national origin, ethnicity or sex)?

Did you have an employment contract with your employer or are you a member of a union?
Customer: replied 1 year ago.


I feel as if there was favoritism based on sex since the male co worker was best buddies with the two male supervisors above me. my other co worker is a female but once the male co worker started dealing with her..they seemingly came against me.


 


I feel it was retaliatory because on a prior date...the female co worker and I went to HR to complain about the male co worker. The male co-worker would always claim that the supervisors were his best friends and that they owed him favors. On taht occasion when we met with HR they did not do anything against him.


 


I was employed on an hourly basis. I had no written contract..just an application taht I signed when i applied.

Expert:  Joseph replied 1 year ago.
You should file a complaint with the Department of Fair Employment and Housing for discrimination on the basis of gender and sex in violation of the Fair Employment and Housing Act.

You can file a complaint using the information available online here:

http://www.dfeh.ca.gov/Complaints_eCompProc.htm

The Department of Fair Employment and Housing will investigate the complaint on your behalf and either file suit on your behalf or issue you a right to sue letter so you can pursue your claim against your former employer through a private attorney.

Additionally, you may have a cause of action against the male co-worker for making false and damagin statements against you that resulted in your unjust termination.
Joseph, Lawyer
Satisfied Customers: 5043
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.
Please remember to rate my answer positively so I get credit for my work.

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

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