John Francis Mccarthy’s Answers

John Francis Mccarthy

San Diego Wrongful Termination Lawyer.

Contributor Level 10
  1. I am trying to build a case on my employer for wrongful termination.

    Answered over 1 year ago.

    1. Benjamin Davidson
    2. John Francis Mccarthy
    3. Brian David Sudano
    4. Michael John Rossiter
    5. Lori Jeanne Costanzo
    5 lawyer answers

    I agree with the above to an extent. Wrongful termination cases are difficult to win under the best circumstances. There is a presumption of at-will employment. You must overcome that to show that you were wrongfully terminated. In your case you have to show that you were the victim of racial discrimination. Once you do that the employer gets to argue that there was some legitimate business reason for terminating you. If the employer can do that, then you have to show that the supposed "...

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  2. What are the signs that need to be present in a "wrongful termination" suit?

    Answered about 2 years ago.

    1. Frank Wei-Hong Chen
    2. Christine C McCall
    3. Kelly Armstrong
    4. John Francis Mccarthy
    5. Alexander Tanas Sliheet
    5 lawyer answers

    California employment is presumed to be "at-will". That basically means they can fire you for any reason...except the wrong one. For more on at-will you can check out this link: http://www.californiaemploymentlawfirm.com/at-will-employment However, there are some reasons for wrongful termination. You should check them out here: http://www.californiaemploymentlawfirm.com/wrongful-termination

    5 lawyers agreed with this answer

  3. Can I sue a previous manager for falsely claiming I "voluntarily quit with no due cause"?

    Answered over 1 year ago.

    1. Michael Robert Kirschbaum
    2. John Francis Mccarthy
    3. Neil Pedersen
    3 lawyer answers

    You should discuss the matter with the Company. Company's frequently agree not to contest unemployment as part of severance packages. I don't see why they couldn't review the records and say that you were laid off, if that was the case. As for suing the manager, you may have a cause of action for defamation. But, you really need to talk to an experienced lawyer to discuss the matter further and you should do so as soon as possible because there are statutes of limitations that could affect...

    4 lawyers agreed with this answer

  4. What is the best way to present my discrimination/harassment case to a potential attorney?

    Answered about 2 years ago.

    1. Michael Robert Kirschbaum
    2. Afshin Mozaffari
    3. Marilynn Mika Spencer
    4. Arkady Igor Itkin
    5. John Francis Mccarthy
    6. ···
    6 lawyer answers

    Try to be organized. A chronological timeline of events is the best way to help a lawyer wrap his or her head around a case. You should also look at: http://www.californiaemploymentlawfirm.com/building-your-workplace-discrimination-case and http://www.californiaemploymentlawfirm.com/law-blog/im-think-im-going-to-get-fired-what-should-i-do Those sites will help you figure out what other information an attorney will want to see. However, keep in mind that you should always error on the...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. How do I know if I have a case for wrongful termination?

    Answered 5 months ago.

    1. Daniel Michael Holzman
    2. Michael Robert Kirschbaum
    3. John Francis Mccarthy
    4. David Herman Hirsch
    5. Navid Yadegar
    5 lawyer answers

    Most employees feel like their termination, was unfair, and often times it is. But, unfair is not the same as unlawful. California presumes employment is at the will of either party. That means that typically, an employer can fire an employee at any time, for any reason, or no reason at all. You can find out more about at-will employment below. An employee who feels they have been wrongfully terminated must establish that there was either a breach of employment contract, or some wrongful...

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  6. My former manager replaced me (tried to, long story). I found out reported to HR and was retaliated against and fired..

    Answered 9 months ago.

    1. Jonathan Aaron Weinman
    2. Michael Robert Kirschbaum
    3. John Francis Mccarthy
    4. Pamela Octavia Pitt
    5. Kristine S Karila
    5 lawyer answers

    You need to contact an experienced plaintiff's employment lawyer like yesterday. Please look on avvo, contact your county bar association lawyer referral service, or look on www.cela.org. You only have a finite amount of time to bring certain causes of action. If you fail to bring them within that time frame, you can be forever barred from bringing them. You can find out more about wrongful termination, at-will employment, disability discrimination, cancer discrimination and leave laws at...

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  7. What can I do?

    Answered 10 months ago.

    1. Joshua Samson Hopstone
    2. Tuvia Korobkin
    3. David Herman Hirsch
    4. Michael Robert Kirschbaum
    5. Craig Trent Byrnes
    6. ···
    7 lawyer answers

    Call an experienced plaintiff's employment lawyer immediately. Several very good ones in your neighborhood. You can search for them on www.cela.org. They will advise you on how to build your harassment case, and how to collect evidence etc. For more on building harassment/discrimination cases check the link below. Typically employees are at-will meaning they can be fired at any time for any reason, or no reason at all. For more see the link below. However, employers cannot terminate...

    3 lawyers agreed with this answer

  8. I just been terminated by my employer for something I believe does not meet for an employee to get fired.

    Answered 10 months ago.

    1. Sagar P. Parikh
    2. David Herman Hirsch
    3. Jonathan Aaron Weinman
    4. Richard Michael Laden
    5. John Francis Mccarthy
    6. ···
    6 lawyer answers

    Most employees feel like their termination, was unfair, and often times it is. But, unfair is not the same as unlawful. California presumes employment is at the will of either party. That means that typically, an employer can fire an employee at any time, for any reason, or no reason at all. You can find out more about at-will employment below. An employee who feels they have been wrongfully terminated must establish that there was either a breach of employment contract, or some wrongful...

    3 lawyers agreed with this answer

  9. Can I sue for wrongful termination?

    Answered over 1 year ago.

    1. Patrick John Phillips
    2. Brad S Kane
    3. Neil Pedersen
    4. John Francis Mccarthy
    4 lawyer answers

    Like my colleagues said, California is an at-will state. That means that there is a presumption your employer can fire you for any reason or no reason at all. There are some exceptions to at-will employment. Terminations that fall under these exceptions are "wrongful terminations." Wrongful termination law normally requires that there be some sort of a breach of an employment contract, or breach of some important public policy such as termination based on some sort of harassment,...

    3 lawyers agreed with this answer

  10. Looking to know my rights, or any action I should take with regards to being placed on paid administration leave.

    Answered over 1 year ago.

    1. Pamela Octavia Pitt
    2. Michael Robert Kirschbaum
    3. John Francis Mccarthy
    4. Raymond Dinsmore
    4 lawyer answers

    Most employees are "at will". However, there are exceptions to "at will" employment, like harassment and or discrimination. If you've been put on paid administrative leave then your employment may terminate you. If you think you are about to get fired there are various steps you can take to help preserve your rights. Below are some things you can do to help preserve your rights if you think you are going to get fired. You should contact an experienced labor and employment lawyer to...

    3 lawyers agreed with this answer