What type of lawyer would i need if needed?

Asked almost 2 years ago - San Diego, CA

I was let go recently from my job according to them because i failed to provide them with valid drivers license since even after providing them with valid DL permits while going thru the process of obtaining a class M DL. After i filed for unemployment i was denied then i appealed and they reversed the decision in my favor, now with this would i have a case against them for maybe wrongful termination? Thank you

Attorney answers (2)

  1. Marilynn Mika Spencer

    Contributor Level 20

    3

    Lawyers agree

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    Answered . The criteria to win an unemployment appeal are far different from what is needed to win a wrongful termination case. Generally, a person claiming unemployment benefits (a “claimant”) is eligible for benefits if he or she is: (1) out of work due to no fault of his or her own; AND (2) physically able to work; AND (3) actively seeking work; AND (4) ready to accept work. Details about eligibility for unemployment benefits can be found on the web site of the California Employment Development Department (EDD) here: http://www.edd.ca.gov/Unemployment/FAQ_-_Eligib... That's a really low standard to meet. Because the standard is so low, there is even a California statute that prohibits introducing the results of an unemployment decision into a subsequent legal proceeding:

    "Unemployment Insurance Code § 1960.  Effect of finding, judgment, conclusion or order in separate or subsequent action or proceeding; Use as evidence
    Any finding of fact or law, judgment, conclusion, or final order made by a hearing officer, administrative law judge, or any person with the authority to make findings of fact or law in any action or proceeding before the appeals board, shall not be conclusive or binding in any separate or subsequent action or proceeding, and shall not be used as evidence in any separate or subsequent action or proceeding, between an individual and his or her present or prior employer brought before an arbitrator, court, or judge of this state or the United States, regardless of whether the prior action was between the same or related parties or involved the same facts."

    Wrongful termination is a whole different animal. When people talk about “wrongful termination,” they are really talking about wrongful termination in violation of public policy. For a termination to be “wrongful,” it must violate a public policy.

    Public policy refers only to things that are specifically prohibited by a statute (law) enacted by the legislature, or prohibited by a regulation promulgated (established) by a government agency. An employer cannot change terms of employment or fire you if the reason for the change is against the law. For example, an employer cannot increase your workload because of your race, sex, national origin, religion, etc., because you blew the whistle on safety violations, because sat for jury duty, or for any other reason that the law protects.

    One of the most widely-known areas of public policy includes statutes prohibiting discrimination against people in specific protected groups, which include sex, race, national origin, disability, sexual orientation, age (40 years and older), religion, marital status and pregnancy.

    In this context, “discrimination” means to treat differently from others who are not in the same protected group, but are similarly situated. “Discrimination” does not mean an employer has to be fair, or has to make good decisions.

    In California, a person complaining of discrimination must file a claim with an administrative agency before he or she can file a lawsuit. The person can file a claim with either the California Department of Fair Employment and Housing within on year of the discriminatory act, or with the federal Equal Employment Opportunity Commission (EEOC) within 300 days of the discriminatory act.

    (continued in Comment below)

    twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the... more
  2. Neil Pedersen

    Contributor Level 20

    2

    Lawyers agree

    Answered . Ms. Spencer has given great advice.

    Do not waste your time with a claim of wrongful termination. Your employer had the right to terminate you even if for an incorrect reason.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more

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