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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I was terminated by my employer violating their own policy

Resolved Question:

I was terminated by my employer violating their own policy and our unions bargaining agreement. Article 13 of seiu 1000 bargaining agreement and article 22 of cdcr operation manual. They also couldn't prove good faith intention when they deliberately withheld some information from me and suspended me unlawfully that's why they couldn't prove bonafide personnel action, Do you think I have a case for wrongful termination. They suspended me for 26 days based on some write up that were never presented to me and never filed in my OPF.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Joseph replied 5 years ago.
Hello and welcome to JustAnswer.

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

Unfortunately, a case for wrongful termination in violation of public policy is very difficult to prove, since you would need to prove that you were terminated for exercising your rights as a union employee, and that was the direct cause of your termination.

In addition to filing a claim, you can also file a claim for unfair labor practices with the National Labor Relations Board.

You can file a charge using the forms available online here:

However, depending on your attorney's experience with dealing with wrongful termination cases, I would suggest that you probably defer to his advice in the situation and think about settling the case.

I wish I had better news to give you, but I hope you appreciate a direct and honest answer to your question.
Customer: replied 5 years ago.
Thank you for your advise, I will definitely file a complaint to NLRB, if I dont like the settlement offered. I also developed psyche injury during all these and they said its a bonafide personnel action, but I can prove that its not. I also have a pending stress injury claim which I think the reason why they fired me for other reason, they suspended me some two and a half year old write that I never knew existed and do not have my signature, never filed in my OPF file. while its stated in our article22 of DOM that if an adverse action is deemed necessary, the LOI has to be served within 21 days when the alleged misconduct occured and need to be served to me and if I dont agree with the allegation, i have 30 days to rebuttle. they just need to give an adverse action to justify termination.
Expert:  Joseph replied 5 years ago.
Yes, it definitely seems that they could have manufactured an adverse action in order to justify termination, when it was really done as retaliation for your ptoected activities and disability.

You can also file a claim with the Department of Fair Employment and Housing for discrimination on the basis of disability in violation of the Fair Employment and Housing Act.

You can file a complaint using the instructions avaailable online here:
Joseph and other California Employment Law Specialists are ready to help you

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