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Can i Sue Fry's electronic even the issue was 6 or 7 years ago for favoritism in the workplace?

Escondido, CA |

I was fired for retaliation toward anger. The other guy was ( white ). All the management were friends. They took his side. He didn't do his job. He was on the phone during work hour ( policy no phones ) I told him nicely please do your job so we can go home. He took a box and and hit me on the head. I took a power supply and retaliated back ( I didn't attend to hit him, just a sign that i was mad ) I threw the power supply near him. They fire me for this. As you can see. All the management that were involved were a couple of year later. When i was fire they did not show a video on the incident. First employed they will brag about how powerful their camera system is how much it cost. Anything i can do at this point?

I don't have much money at the moment is there any lawyer that could help me out with this case. They can take a percentage if they win. They're a multi-million or billion dollar business. Noted: At that time, I talk to the person in charge of that hour. He did not do anything about the situation. Correction:All the management that were involved were fire a couple of year later from a new store manager.

Attorney Answers 3

  1. On these facts there really is nothing you can do. Under California law an employee is "at will". This means that an employee can generally be terminated for any legitimate reason or no reason at all. The only way around this is to show that you are a member of a legally protected class and that the termination was based on your status as a member of that class. Protected classes include race, religion, sex, age, etc.

    Aside from providing no facts which indicate any type of discriminatory or retaliatory animus, it appears that your conduct alone would support Fry's decision to terminate your employment. You were involved in some semi-physical altercation with another employee. As I'm sure you can understand, employers work very hard to keep employees safe. Violence in the work place is not generally tolerated. In some cases employers can even be held liable for allowing employees with known violent propensities to continue working if that employee injures another employee. Even though you were not the first aggressor you still threw a power strip towards the other employee. Fry's is justified in terminating you for such conduct. The fact that the other employee was a poor worker is irrelevant.

    Finally, the statute of limitation (the time you have to file a case) has run on most, if not all, of your claims. This means that you have waited to long to bring legal action. In California you only have 1 year to file a complaint for discrimination with the Department of Fair Employment and Housing. You have either 180 days or 300 days, depending on the case, to file with the EEOC. Claims for wrongful termination in violation of public policy are time barred as well because the statute of limitations on such claims is only 2 years. Finally a claim for assault in battery also must be pursued civilly within 2 years.

    Next time you suspect you have encountered discrimination or wrongful termination, be sure to contact an attorney immediately to avoid losing a potentially viable case. Good Luck!

  2. Unfortunately the law does not allow people to sit on their rights for very long while memories fade and witnesses scatter to the wind. That is why there is a statute of limitations on every kind of claim that can be made in a court of law.

    Just think about how hard it would be now to find all of the possible witnesses, and then to get them to remember with any precision what happened. Six or seven years is just too long to wait.

    That is why the statute of limitations applies whether or not you have an outstanding excuse for not bringing your claim earlier.

    If it helps, I do not see unlawful conduct having occurred that you could have sued about. It is fully lawful for an employer to terminate an employee involved in an altercation in the workplace, regardless of who was at fault or who started it. And unfortunately, "favoritism' is not unlawful in the workplace. Unlawful discrimination is, favoritism is not. Every business has people who become a bosses' favorite, but that does not translate into unlawful discrimination.

    I wish you the best of luck.

    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.

  3. Not likely. You are entitled to your opinion, however, and should seek a consultation with experienced labor attorneys if you think otherwise. Good luck.

    Any post of discussion above is general in nature and is not intended to and should not be construed as legal advice. Furthermore, the above posting does not create or establish any attorney-client relationship. Contact an attorney as soon as possible to discuss your legal options. [John D. Wu is licensed to practice law before all California federal and state courts]

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