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Can I still sue my old job, I was terminated in 2012?

Dublin, CA |

I was terminated for unnecessary reasoning. I was handling about 3 customers that day and my other 4 coworkers were sitting in one office gossiping away. I was overwhelmed by the work load i was given (I was my managers right hand). Coworkers complained to the district manager that my boss had favorites (which apparently was me) before hand. So that day my manager came up to me and gave me another assignment which i refused to do because i was handling 3 people already. I believe my district manager heard that and i explained to him that there are 4 other employees doing nothing. that day i was suspended. My FIRST WARNING in the company and then few hours later i get a call to pick up my last check. Can I still sue them? What should I do? I also have whiteness. Nor did i get unemployment

Attorney Answers 3

  1. Aside from the fact that your statute of limitations may have expired, your post fails to raise any potential legal claims.

  2. LIkely, you are an "at will" employee. An "at will" employee means, this is an employment relationship without any specified duration of time. This means you can terminate your employment with or without notice and the same applies to your employer. On the other hand, you may be a contractual employee we're by the employer and employee will be bound by contract for a specified period of time. So ask yourself this, did you sign a contract with your employer to work for a specified period of time? If no, your employer can terminate you without cause, so long as the termination does not violate certain statutory rights. For example, termination based on race, national orgin, gender, sexual orientation. Based on your facts, you would not have a viable cause of action for wrongful termination.

  3. Unless you had an express agreement to the contrary, you were an at will employee. As such, you could be terminated for any reason, or for no reason at all. Certainly refusing to carry out a lawful request is a legitimate basis for termination. Your employer had no duty to treat you equally, or to give you warnings. There is nothing in your post that would suggest you were treated unlawfully.

    Furthermore, there are statutory provisions that require you to bring a lawsuit within a certain period of time before the opportunity is lost forever. The anti-discrimination, harassment and retaliation statutes generally require you to make a claim within a year or less to preserve your right to sue under them. The common law wrongful termination lawsuit has a two year statute of limitations. Depending on when it was in 2012 that you were terminated, the time to file that lawsuit may also have passed.

    The good news, I suppose, is that you did not have a claim to begin with, so no rights were lost.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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