conflict of interest

[dht]

What is the name of your state?What is the name of your state?California.

I was working at a funeral home as a licensed funeral director. I am also a minor stockholder/owner of the funeral home. There are two brothers from the other family that own the majority of the stock. I was fired by them, wrongfully I believe, and now they say that if I go to work for another funeral home they will sue me for "conflict of interest." Can they do that?

 

[Sockeye]

Any type of non compete agreement signed? If not, I don't see how the could.

There are posters here that know California (crazy liberal state! ) law better than I, they might have something to add.

 

[cbg]

If I am not mistaken, in CA any kind of non-compete is non-enforceable. So it's quite unlikely that they would be able to successfully sue you.

Just out of curiousity, what makes you think you were wrongfully terminated? In my experience, 95% of people who think they were wrongfully termed, weren't. It doesn't mean what most people think it means.

 

[dht]

California.
I was paid as a salary employee, exempt from overtime. I was a member of the Peninsula Executives Association and our local Rotary Club, both of which I did to promote/benefit the company, which they did. Combined, I spent from 3 to 5 hours per week at meetings, etc. The two people who fired me said that it was because I came to work late. I did, but it never adversely affected my job. I put in more than 40 hours a week, not all of it at the office. Also, they said it was because I used a company gas credit card. I did, but not excessively and other employees, too had gas cards. The general manager and none of the other stockholders agreed to their firing me, but they had the majority of the stock. Then general manager recently told me that the reason they gave him was that when he retires (soon) they don't want me in charge. They have been draining money out of the company, and as the only stockholder/employee I knew this. I "blew the whistle" on them to the other stockholders. That is why I was really fired.
Sorry this was so long!

 

[Beth3]

I was fired by them, wrongfully I believe, and now they say that if I go to work for another funeral home they will sue me for "conflict of interest." Can they do that? Nah. They're just talking stupid.

They have been draining money out of the company, and as the only stockholder/employee I knew this. I "blew the whistle" on them to the other stockholders. That is why I was really fired. Was this a privately held company? If so, then I seriously doubt any whistleblower protections apply.

 

[cbg]

And what you describe does not meet the legal definiton of a wrongful termination. Unfair, yes. Wrongful (illegal) no.