What is the name of your state?What is the name of your state?California
This is one for the books. My partner of 20+ years and I ventured into a new employment field- apartment management. We were hired as a team and trained by the company we were hired by. During our training we were under a signed contract for at will employment stating 90 days as our probationary period. When we were sent to our own complex we were again sent a new contract specifying our new wages, etc. and again "at will" employment. We failed to sign and return these. Our date of employment started on 02-24-2005, we started at our complex 03-28-2005 and on 05-02-2005 while working my partner injured himself (a company 8 ft. ladder buckled under him) and was taken away in an ambulance. He received a head concussion, lacerations to his face, a broken hand and a sprained hand and wrist. Although unable to do a minimal amount of his work (maintenance manager) he returned to work immediately. Our daughter and I attempted to compensate for his inability to do his work and did what we could ourselves.
On 05-17-2005 the owner of the company we worked for pulled a suprise inspection on our complex. On 05-25-2005 our supervisor provided us with a write up that specified a failure to maintain company policy regarding the appearance of our complex (lawns weren't edged and mowed, gardens weren't weeded, etc.) In this write up it included a statement that any future write ups could/would include termination. None of this had anything to do with my part of employment yet I was written up and had to sign it also because we were hired as a team. On 05-30-2005, I wrote the owner a letter regarding rescinding the write up based on my partners inability to perform his job do to on the job injuries.
On 06-03-2005 our supervisor terminated us from our employment stating that we were still in our probationary period and that there were to many tenant complaints. A call to the corporate office gave the reason for termination as "our relationship with the company just wasn't what they expected." Our supervisor informed us, when asked about my partners injuries, "we should have taken care of that while still employed."
On 06-08-2005 we confronted the owner and the head of the company inquiring and requesting a copy of the complaints alledgedly made against us. The company was unable to produce any such complaints yet we provided them with letters from over 75% of our tenants requesting that they reinstate us in our position. We also provided them with a letter from the doctor stating my partner to be unable to work for the next 9 days. We were offered a severance pay and letter of recommendation "if" we signed a letter that stated we would not pursue further legal actions of any sort (workmens comp., unpaid salaries, etc.) We failed to sign this also.
Because he was denied treatment and wasn't receiving workmens comp, as of recent my partner hired himself a workmens comp attorney for his injuries who also filed suit for wrongful termination.
My dillema lies in what exactly are my rights? I was obviously fired because of my partners inability to do his job. I wasn't in the probationary period any longer. I had failed to sign and return the employment contract. So what exactly are my rights? If in fact I am entitled to any, who do I contact? Is there a statute of limitations?
This is one for the books. My partner of 20+ years and I ventured into a new employment field- apartment management. We were hired as a team and trained by the company we were hired by. During our training we were under a signed contract for at will employment stating 90 days as our probationary period. When we were sent to our own complex we were again sent a new contract specifying our new wages, etc. and again "at will" employment. We failed to sign and return these. Our date of employment started on 02-24-2005, we started at our complex 03-28-2005 and on 05-02-2005 while working my partner injured himself (a company 8 ft. ladder buckled under him) and was taken away in an ambulance. He received a head concussion, lacerations to his face, a broken hand and a sprained hand and wrist. Although unable to do a minimal amount of his work (maintenance manager) he returned to work immediately. Our daughter and I attempted to compensate for his inability to do his work and did what we could ourselves.
On 05-17-2005 the owner of the company we worked for pulled a suprise inspection on our complex. On 05-25-2005 our supervisor provided us with a write up that specified a failure to maintain company policy regarding the appearance of our complex (lawns weren't edged and mowed, gardens weren't weeded, etc.) In this write up it included a statement that any future write ups could/would include termination. None of this had anything to do with my part of employment yet I was written up and had to sign it also because we were hired as a team. On 05-30-2005, I wrote the owner a letter regarding rescinding the write up based on my partners inability to perform his job do to on the job injuries.
On 06-03-2005 our supervisor terminated us from our employment stating that we were still in our probationary period and that there were to many tenant complaints. A call to the corporate office gave the reason for termination as "our relationship with the company just wasn't what they expected." Our supervisor informed us, when asked about my partners injuries, "we should have taken care of that while still employed."
On 06-08-2005 we confronted the owner and the head of the company inquiring and requesting a copy of the complaints alledgedly made against us. The company was unable to produce any such complaints yet we provided them with letters from over 75% of our tenants requesting that they reinstate us in our position. We also provided them with a letter from the doctor stating my partner to be unable to work for the next 9 days. We were offered a severance pay and letter of recommendation "if" we signed a letter that stated we would not pursue further legal actions of any sort (workmens comp., unpaid salaries, etc.) We failed to sign this also.
Because he was denied treatment and wasn't receiving workmens comp, as of recent my partner hired himself a workmens comp attorney for his injuries who also filed suit for wrongful termination.
My dillema lies in what exactly are my rights? I was obviously fired because of my partners inability to do his job. I wasn't in the probationary period any longer. I had failed to sign and return the employment contract. So what exactly are my rights? If in fact I am entitled to any, who do I contact? Is there a statute of limitations?
