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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

Posted

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!

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11 comments

Asker

Posted

I didn't know who to speak too. I just finally found this web site. I was a fire, I had no $ for a lawyer. The lawyer I spoke too accepted the case but he wanted 10 thousand. Did you read my first statement toward the associate? He threw a box and physically hit me on the head, that was his first action ( I retaliate a warning, but not attempt physically try to hurt him at dead on target ) The video of the security camera would clearly show that proof ( He was still employed ). I was a higher level employee then him, he was suppose to take order from the sales associate. The termination is still log in fry's data base. I am sure that they have the video of that footage on their security camera. All their management are all friends, I told the Supervisor at that time, He did not do anything to stop the situation. These management are untrained kids that usually get promoted, when they kneel down on his knee and hold the boss hand. Thanks for returning my answer. This website is my new friend now :). Now I come here and get some insight about law.

Asker

Posted

I also mention that the new store manager. Fire all of the management Employee in that department. What I heard, he is a better manager, then the old one. He know what goes on with his employee and doesn't take favoritism. The only reason why they snitch on me, because I try to get the department manager in trouble. He was giving me full time status, when I was a part time employee. He finally got a reason to fire me with his store manager friend.

Asker

Posted

I think I can get proof from ex employee. The way their management staff treated me when I was a employee.

Asker

Posted

the only reason I found this site, because I was trying to get info on how to do a petition for my location, so we can have more then one internet provider :). I love this place now

Travis Kai Jang-Busby

Travis Kai Jang-Busby

Posted

Even with all the proof in the word, unfortunately the time has passed in which you can file a complaint. DO NOT pay any attorney $10,000 to take your case. If you have questions please feel free to call me on Monday.

Asker

Posted

That was the first week when I was fired. That guy seem desperate and sounded like a scam. I knew I had a strong case but I had no $ at that time to fight it. This website is very good and fast feedback. Thanks take care.

Asker

Posted

You seem like a honest and helping person. Do you guys do bankruptcy chapter 7 case? If so how much do you charge?

Travis Kai Jang-Busby

Travis Kai Jang-Busby

Posted

There are two people at my firm who do excellent chapter 7 bankruptcy work. The fee depends on the case. I recommend you contact us on Monday at 760.730.9408 and ask for Lindsay David. Tell her I referred you. Let me know if you have any other questions.

Asker

Posted

I will keep you guys in mind, when I am ready and have the money to file it. I know who to come. thanks. I got one last question. Oh I gave you a great review :). Here is the post for my last question

Asker

Posted

http://www.avvo.com/legal-answers/how-can-i-get-the-city-to-approve-more-then-one-in-1306741.html?published=true

Travis Kai Jang-Busby

Travis Kai Jang-Busby

Posted

Thank you for the great review!!! Referrals are also greatly appreciated. I looked at your other question and unfortunately it is outside my range of expertise. It is very unique thus I cannot refer anyone who could answer it but I'm sure someone on this website will know. Thank you again! Good luck!

Posted

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.

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4 lawyers agree

1 comment

Asker

Posted

thank you

Posted

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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2 comments

Asker

Posted

Thanks. Already got my answer other then not likely and a consultation to try to get some money. For one tired of hearing experienced labor attorneys with no valid help. Obviously people would already know that answer to seek a experience labor attorneys. 2nd: This website is here for a reason to get a valid insight so people could know who to trust with a valid answer for their valid attorney. Example: Business owner Customer: I have a computer system that always crasher, I am not a "noob". Owner: I can't give you my opinion over the phone. You need to come see me for a consultant... Weasel laugh: I'm gone milk this guy for extra money. Customer: His minded thoughts: He know what he is talking about but trying to rob me thinking I am stupid. Customer: sorry I take my business else where.

John D Wu

John D Wu

Posted

I can emphathize with your frustration. If it helps, know that most plaintiff-side attorneys would offer you a free consultation. Good luck.

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