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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4979
Experience:  Extensive experience representing employees and management
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After sending me for a state mandated course and my employer

Customer Question

After sending me for a state mandated course and my employer realized I had been made aware were violating some licencing regulations, suddenly told I wouldnt be need for a 2 week period, then upon my transfer to the 2nd facility,my hours were going to be reduced( after previously being told I would retain hours).I was told to expect the effective date of new schedule,but on that date I recieved a text saying they no longer had a position for me. And prior to that another employee was told by Administrator she was "unsure if she (meaning me) is still an employee here".Anything I can do?
Submitted: 11 months ago.
Category: California Employment Law
Expert:  Joseph replied 11 months ago.
Hello and welcome to JustAnswer

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

My goal is to provide you with excellent service today.


I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.

Are you asking if you have a cause of action against your employer?

Also, it appears that you've been terminated. Have you asked for clarification and have you applied for unemployment benefits?
Customer: replied 11 months ago.

Yes I want to know if I have a cause of action. I was told (via text) they no longer had a position for me.I fully expected to be transfered. By transfer, my employer ran 2 facilities, both had open bed space. they decided to combine the residents into one home and was told by the owner she would call to let me know the effective date of new schedule,instead I got the text. Yes I did file for UIB and it was not disputed


 

Expert:  Joseph replied 11 months ago.
Hello Janice,

Yes, you have a cause of action for wrongful termination in violation of public policy, since you definitely appear to have been discriminated against and terminated on the basis your knowledge of licensure violations.

The Department of Industrial Relations typically will not investigate these complaints, however, so you will need to find an attorney to represent you in this matter.

I would personally suggest that you hire an attorney who works on a contingency basis, so you only have to compensate the attorney if you receive a settlement or a verdict in your favor.

Unfortunately, due to site rules, I cannot make any specific recommendations for attorneys, but I can give you a few web sites to consult, below:

www.lawyers.com

www.avvo.com

www.marindale.com



I hope the above information is helpful.

Please let me know if you have any clarifying questions as I want to ensure that you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get paid for my work.

Thanks and best of luck!


Customer: replied 11 months ago.

On which basis should I file a claim? H&S labor code sec 1596.882 or the exception to "at will" rule that I was told I would retain my position after the relocation? and what kind of resolution can I expect?

Expert:  Joseph replied 11 months ago.
Hello Janice,

On both Health and Safety Code Section 1596.882 and an implied contract that existed since you were told that you would retrain your position after the relocation.

It depends on what you're looking for, but you would normally receive an amount for back pay, an amount of punitive damages and lost future earnings, and possibly punitive damages (depending on how egregious the violation was). It's virtually impossible to estimate a damages amount, as they can range from thousands of dollars to hundreds of thousands.
Joseph, Lawyer
Satisfied Customers: 4979
Experience: Extensive experience representing employees and management
Joseph and 2 other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 11 months ago.

Hello Janice,

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question or you can ask a question directly to me through my URL here:

http://www.justanswer.com/law/expert-joepatterson/

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.


Thanks again and best of luck,

Joseph

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