I was fired for being late. I was warned. But, I feel I was not given the same treatment as coworkers in the same situation. I had reported a supervisor to HR for harassment, and made it known that I would probably be fired for doing so. A month later I was fired. Is there anything I can do? Sue the company for unfair treatment? Harassment? Discrimination? Please help me.
I believe the correct practice area for your question is employment law, not appellate law. I will change it for you.
Dabney Finch handles appeals in all appellate courts throughout California, except criminal, bankruptcy, unemployment and workers comp appeals. Nothing in this communication is legal advice. Use of the Avvo website does not create any obligation or relationship between you and Dabney Finch, including but not limited to, an attorney-client relationship, nor is your communication privileged or confidential, and you should not post any information that you intend to keep confidential. Your situation may be governed by legal deadlines, and you may lose your rights by not acting within those deadlines. You are solely responsible for meeting those deadlines until and unless you retain an attorney.
If you do not agree with the Administrative Law Judge's decision then you have the opportunity to appeal. See http://www.edd.ca.gov/unemployment/Second_Level_Appeal.htm for more information. There are a number of deadlines and rules to follow for this process. Also, requesting an appeal does not guarantee one - at times, the Appeals Board will refuse an appeal.
Appealing the judge's decision is not easy and many individuals in your situation require legal counsel to assist in preparing the appeal. If you are given the opportunity to file the appeal and the Appeal Board denies your claim (agrees with the judge's decision), the last option is to file a Writ of Mandate in Superior Court.
Most attorneys will agree that once a claim is denied at the hearing level by an administrative law judge, it is highly unlikely for the Appeals Board to reverse that decision. For the appeal, there is no additional evidence allowed - therefore, the appeal is based only on what has already been entered into the record for review.
There are many experienced employment law attorneys that can help you decide how to proceed. Most attorneys offer free or low cost initial consultations.
The above is my opinion based on limited information you provided– this is NOT legal advice. You have not retained me as your attorney. I am not your legal representative nor am I responsible for any action you may take in reliance of my opinion. No attorney-client or confidential relationship exists or will be formed based on your question and my response. Consult your attorney or legal representative for legal advice regarding your specific matter.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline