California Employment Law
California Employment Law Questions Answered by Legal Experts
Andrea,Thank you for your question. I am so sorry to hear that you were let go.As I believe I noted in my answer to your previous question, it is illegal for an employer to take any adverse employment action against an employee in retaliation for them asserting their rights under the Labor Code. Retaliation can be hard to prove, but in your case we have what lawyers call a strong "temporal nexus" between termination and your efforts to enforce your wage rights just a week before. This close temporal proxmity (the "temporal nexus") creates a strong presumption that you were fired for this improper reason and that any stated basis for termination is no more than a pretense.Thus, an individual in your circumstance has a strong claim for wrongful termination, entitling you to damages in the form of lost wages. Many attorneys can assist with this sort of claim on a pure contingnecy fee basis. If you don't know, a contingency fee arrangement is one in which the attorney receives a portion of the client's settlement or award as his payment, typically 1/3 of the total amount. If there is no recovery, the attorney does not get paid. The client never pays until the settlement or award is obtained (except perhaps to cover the filing costs for his claim). To locate an attorney who can represent you in asserting this claim against your employer, see here: http://www.cela.org/?page=4As always, please feel free to let me know if you have any further concerns. If this answers your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.Best wishes moving forward.
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