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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5123
Experience:  Extensive experience representing employees and management
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I feel I was wrongfully terminated from my employment, however

Resolved Question:

I feel I was wrongfully terminated from my employment, however I had been with employed for just over a year, but had varying hours never quite reaching full time employment. Am I eligible for unemployment benefits?
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.

My name isXXXXX am a licensed attorney, and 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.

What reason were you given (if any) for your termination?

Why do you feel that you were wrongfully terminated?
Customer: replied 1 year ago.
My employer made an error on my paycheck, and forced me to wait a few days to receive my correct pay. I informed her of the labor codes and the penalties involved with such an error, and requested that she pay me the penalties that were owed to me so that I wouldn't be forced to file a claim with the department of labor. I feel I was terminated for having informed my employer of my rights. Within a week a was terminated for "having a hostile attitude" and for allegedly "refusing services to clients" (I am a hairdresser) which never occurred. They asked me to sign "my written termination letter." I refused.
Expert:  Joseph replied 1 year ago.
Hello Andrea,

You definitely have a great case against your employer for wrongful termination in violation of public policy, since you have good evidence to support that you were terminated in response to asserting your rights under the California Labor Code.

Additionally, since the reasons given for your termination were false, and you were actually terminated due to asserting your rights under the Labor Code, you are entitled to unemployment benefits since you were terminated through no fault of your own, since your termination was illegal.

I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph
Customer: replied 1 year ago.
Thank you very much for your assistance. Is there a need for me to contact an attorney, or is there some where I should begin this process on my own?
Expert:  Joseph replied 1 year ago.
You can file a complaint with the Division of Labor Standards Enforcement here:

http://www.dir.ca.gov/dlse/howtofilediscriminationcomplaint.htm

You wouldn't need an attorney at this point, and I wouldn't suggest bringing one in until necessary. You can then find one online at one of these sites:

www.lawyers.com

www.martindale.com

www.avvo.com

I would suggest hiring one on a contingency basis, so you only have to compensate him or her if you receive a settlement or verdict in your favor.
Customer: replied 1 year ago.
Will the division of labor contact the unemployment benefits office on my behalf?
Expert:  Joseph replied 1 year ago.

Not automatically, but you could request them to do that for you. (They would probably want to wait till they conclude that you were terminated for retaliation).

Joseph, Lawyer
Satisfied Customers: 5123
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much :-)

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