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Wrongful termination for defending my work?
Maywood, CA
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Posted about 1 month ago in Wrongful Termination
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I worked at a bakery where they hired mostly illegal workers, I am the only one working there that is a US citizen. The employers would take advantage of the employees being illegal and would have them work overtime and mistreat them. Recently we had a management change & the person that came in went power crazy, he fired everyone & anyone that would question his authority. A couple days before he let me go, he accused me of not doing my work and I defended myself & told him that he could check the cameras to see. Then on Saturday(payday) after work he told me not to come in the next day and he didnt give me a reason. Do i have a case?
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Answers (3)
L. Maxwell Taylor
This attorney is licensed in California and 1 other state.
Posted about 1 month ago.
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I am not hearing that you complained to any agency of government about the hiring of illegals. I am hearing you to say that the manager fired you because he was power crazy and fired people who would question his authority. If you had complained to law enforcement about the hiring and abuse of illegals at your place of employment, and they had fired you in retaliation for that complaint, you might have a case. But that's not what I understand you to be saying.
It's not illegal for an employer to fire an at-will employee because the supervisor simply feels like it. It may not be wise, but it's not illegal. There's no law requiring employers not to do stupid, short-sighted things. I'm not licensed to practice law in California so don't take what I wrote here as legal advice. It's simply information based on general principles of law which is intended to educate. If you need legal advice, please consult a lawyer who holds California licensure. 
Herbert J Tan
This attorney is licensed in Dist. of Columbia.
Posted about 1 month ago.
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Poor management or manager being a jerk DOES NOT give rise to a viable claim for wrongful termination.
Willem Galen Gentry
This attorney is licensed in California.
Posted about 1 month ago.
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An employee can be legally terminated without cause if the employee is employed at will, and the employer had no illegal motivation for the termination. While the employee may perceive this as unfair, it is not actionable.
A termination can be wrongful if: An employee has a written employment contract that is violated by the termination An employee can show that the parties agreed by words or conduct that the employee would only be discharged for good cause. The termination was somehow related to an employee's age, disability, family or marital status, national origin, pregnancy, race, religion, sex or sexual orientation The termination was an act of retaliation against an employee who has filed a complaint about sexual harassment, a wage and hour claim or any other similar employment matter The termination was an act of retaliation against an employee who discovers that their employer is breaking the law and reports them to the authorities — "blows the whistle." Based on what you describe I don't think you have a case for wrongful termination. If there are a number of fellow employees who are not being paid overtime and not being given breaks they can bring a claim against the employer for violation of the Labor Laws. Similarly, if you were not paid overtime or given your meal and rest breaks as the law requires you can bring a claim. If their are a number of employees with the same allegations then a class action may be appropriate. Below, I am adding links regarding overtime and wage claims. |
