Any1 have experience or advise on Wrongful Termination Claims?

[foghorn67]

Originally posted by: AlienCraft
California is an "At Will"state. They don't have to give you a reason to let you go.
Her best defense is to let it go unless you have a bunch of money to pour down a lawyer, who may not ge you anything.
The plus side is it's easier to get a judgement when they lie about her work performance on the reference. That's small claims action.

It matters if she tries to collect unemployment insurance from the state. If they find out she was "terminated" and not "layed off", she cannot collect.
A ton of companies are doing this. It happened to me earlier this year.

Boss (before leaving for Christmas/New Years vacation): You have been doing great. In fact we want to hire you full time.

Boss (after being back 1 day from his vacation): You're fired.

 

[foghorn67]

Originally posted by: JulesMaximus
Companies rarely terminate someone who is performing well. Tell your GF to suck it up, learn from this experience, and do better at her next job.

what crawled up your butt and died? Did you read the OP?

 

[JulesMaximus]

Originally posted by: foghorn67

Originally posted by: AlienCraft
California is an "At Will"state. They don't have to give you a reason to let you go.
Her best defense is to let it go unless you have a bunch of money to pour down a lawyer, who may not ge you anything.
The plus side is it's easier to get a judgement when they lie about her work performance on the reference. That's small claims action.

It matters if she tries to collect unemployment insurance from the state. If they find out she was "terminated" and not "layed off", she cannot collect.
A ton of companies are doing this. It happened to me earlier this year.

Boss (before leaving for Christmas/New Years vacation): You have been doing great. In fact we want to hire you full time.

Boss (after being back 1 day from his vacation): You're fired.

I doubt that. Tell her to file anyway.

 

[foghorn67]

Originally posted by: JulesMaximus
I doubt that. Tell her to file anyway.

Yeah, file anyway...but the fact remains that is happening a lot.

 

[BoomerD]

Originally posted by: foghorn67

Originally posted by: AlienCraft
California is an "At Will"state. They don't have to give you a reason to let you go.
Her best defense is to let it go unless you have a bunch of money to pour down a lawyer, who may not ge you anything.
The plus side is it's easier to get a judgement when they lie about her work performance on the reference. That's small claims action.

It matters if she tries to collect unemployment insurance from the state. If they find out she was "terminated" and not "layed off", she cannot collect.
A ton of companies are doing this. It happened to me earlier this year.

Boss (before leaving for Christmas/New Years vacation): You have been doing great. In fact we want to hire you full time.

Boss (after being back 1 day from his vacation): You're fired.

That's only "sort of" true...:
http://www.edd.ca.gov/Unemploy...ommyjobWillIbeeligible

"
I was fired from my job. Will I be eligible?

When an individual files a claim for UI benefits, the Department documents the reason the individual is no longer working, and includes it in the Notice of Claim Filed, DE 1101CZ, which is mailed to the last employer. The employer may also provide information about the reason the individual is no longer working when responding to the notice.

If the individual was discharged or terminated, the EDD will conduct a telephone interview with the individual and the employer approximately two weeks after the claim is filed to determine whether or not the individual is eligible for UI benefits, according to state law and regulations.

State law provides that an individual who is discharged or terminated may be eligible for UI benefits provided that specific criteria are met. The EDD staff will determine on a case-by-case basis, whether the facts presented for the discharge or termination meet the criteria according to state law. The individual must also meet all other eligibility requirements before UI benefits are paid.

The Department?s law and policy guidelines regarding discharges or terminations are available on the EDD Web site."


http://www.edd.ca.gov/UIBDG/Mi..._Table_of_Contents.htm

IF she files for unemployment and is denied, there's a pretty decent process for appealing...and IME, it's easier for the employee to win than for the employer...UNLESS they have lots of documented problems with the employee, or it's a serious charge of misconduct of some sort.

 

[foghorn67]

Originally posted by: BoomerD

Originally posted by: foghorn67

Originally posted by: AlienCraft
California is an "At Will"state. They don't have to give you a reason to let you go.
Her best defense is to let it go unless you have a bunch of money to pour down a lawyer, who may not ge you anything.
The plus side is it's easier to get a judgement when they lie about her work performance on the reference. That's small claims action.

It matters if she tries to collect unemployment insurance from the state. If they find out she was "terminated" and not "layed off", she cannot collect.
A ton of companies are doing this. It happened to me earlier this year.

Boss (before leaving for Christmas/New Years vacation): You have been doing great. In fact we want to hire you full time.

Boss (after being back 1 day from his vacation): You're fired.

That's only "sort of" true...:
http://www.edd.ca.gov/Unemploy...ommyjobWillIbeeligible

"
I was fired from my job. Will I be eligible?

When an individual files a claim for UI benefits, the Department documents the reason the individual is no longer working, and includes it in the Notice of Claim Filed, DE 1101CZ, which is mailed to the last employer. The employer may also provide information about the reason the individual is no longer working when responding to the notice.

If the individual was discharged or terminated, the EDD will conduct a telephone interview with the individual and the employer approximately two weeks after the claim is filed to determine whether or not the individual is eligible for UI benefits, according to state law and regulations.

State law provides that an individual who is discharged or terminated may be eligible for UI benefits provided that specific criteria are met. The EDD staff will determine on a case-by-case basis, whether the facts presented for the discharge or termination meet the criteria according to state law. The individual must also meet all other eligibility requirements before UI benefits are paid.

The Department?s law and policy guidelines regarding discharges or terminations are available on the EDD Web site."


http://www.edd.ca.gov/UIBDG/Mi..._Table_of_Contents.htm

IF she files for unemployment and is denied, there's a pretty decent process for appealing...and IME, it's easier for the employee to win than for the employer...UNLESS they have lots of documented problems with the employee, or it's a serious charge of misconduct of some sort.

My issue.

I wanted to know why I was fired, here is the short list:
1) Projects weren't done.
-They were done 100%.
2) They said a time I went to a location, I never showed up. In actuality, I did...and there several tickets closed that day, by me. I'm sure there were plenty of other easy ways to prove I was there, AND productive.

I filed, waited for the two week "waiting period" for the first check, got a letter in the mail saying someone would call (explaining my eligibility was under review)...FOUR WEEKS after I received the letter. I filed in early January.
Phone interview was scheduled for around Valentine's day. That is in Febtober for those who speak Connery.
Finally got the phone interview, stated my side of the story, and offered to send in print outs of recent compliments from the boss, AND our discussion of the projects completed.
However, they don't accept email and faxes for that. Just what I had to say over the phone.
They said they would call back with an answer on if my rebuttal was successful.
EDD never called back. I called back with the case number and played paper and goose chase for several weeks.
Yes that time of the year sucked for jobs.

 

[ondarkness]

Thank you everybody for the great advise!!! It really helped!

 

[CRXican]

Originally posted by: Chunkee
your fired!

my fired what?

 

[zerocool84]

Originally posted by: BoomerD

Originally posted by: foghorn67

Originally posted by: AlienCraft
California is an "At Will"state. They don't have to give you a reason to let you go.
Her best defense is to let it go unless you have a bunch of money to pour down a lawyer, who may not ge you anything.
The plus side is it's easier to get a judgement when they lie about her work performance on the reference. That's small claims action.

It matters if she tries to collect unemployment insurance from the state. If they find out she was "terminated" and not "layed off", she cannot collect.
A ton of companies are doing this. It happened to me earlier this year.

Boss (before leaving for Christmas/New Years vacation): You have been doing great. In fact we want to hire you full time.

Boss (after being back 1 day from his vacation): You're fired.

That's only "sort of" true...:
http://www.edd.ca.gov/Unemploy...ommyjobWillIbeeligible

"
I was fired from my job. Will I be eligible?

When an individual files a claim for UI benefits, the Department documents the reason the individual is no longer working, and includes it in the Notice of Claim Filed, DE 1101CZ, which is mailed to the last employer. The employer may also provide information about the reason the individual is no longer working when responding to the notice.

If the individual was discharged or terminated, the EDD will conduct a telephone interview with the individual and the employer approximately two weeks after the claim is filed to determine whether or not the individual is eligible for UI benefits, according to state law and regulations.

State law provides that an individual who is discharged or terminated may be eligible for UI benefits provided that specific criteria are met. The EDD staff will determine on a case-by-case basis, whether the facts presented for the discharge or termination meet the criteria according to state law. The individual must also meet all other eligibility requirements before UI benefits are paid.

The Department?s law and policy guidelines regarding discharges or terminations are available on the EDD Web site."


http://www.edd.ca.gov/UIBDG/Mi..._Table_of_Contents.htm

IF she files for unemployment and is denied, there's a pretty decent process for appealing...and IME, it's easier for the employee to win than for the employer...UNLESS they have lots of documented problems with the employee, or it's a serious charge of misconduct of some sort.

A year ago I had a phone interview with them cus I knew I was wrongfully fired but didn't want to work or deal with my old job any more so they found that what my old company did was wrong and even though I was terminated I still got my unemployment.

 

[ModerateRepZero]

glad to hear ATOT helped

 

[Kanalua]

YEah, there is no wrongful termination claim here (based on what you've said). If you were my client, I'd file for Unemployment, at least the company will have to say specifically why they terminated your employment.