Wrongful Termination

[oglesbyw]

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

I worked at a bank, upon arriving at work one morning I was notified that the IT manager made a decision to terminated my employment, they gave me no reason, I had worked there over a year with no issues, I was simply terminated, they offered a package and to get it, I had to sign a form agreeing to it, my child had just been borned 3 days earlier, no choice but to accept, can they do this in this state? I also was unable to get unemployement since they stated I quit. Several other employees were let go by the same manager, one complained and the CEO got a race relation consultant in to check the situation, I was told that the manager left the bank shortly afterwards.

 

[rmet4nzkx]

You can contact the California Department of Labor and you can appeal your unemployment decision, how long was the severance package for compared to yeekly pay, that may be why you didn't get unemployment. Since you had a newborn, did you apply for FMLA? Is there any reason for discrimination?

 

[cbg]

Unless you have a valid reason to believe that you were selected for layoff BECAUSE you had been on maternity leave, and quite frankly if others were laid off at the same time that is unlikely (though not impossible), it was legal for them to lay you off. The fact that the manager left shortly thereafter does not make the termination illegal. If you DO have such a valid reason, then you can contact the EEOC or DFEH. But the law does not say you can't be laid off if you were out on maternity leave or FMLA, only that you cannot be selected for layoff BECAUSE you were on maternity leave and/or FMLA.

As Ms. Cupcake (rmet to you) indicated, you have the right to appeal the denial of UI. The denial letter will explain how. She is also correct that the severance pay may have something to do with it. In many states, you are not eligible for unemployment until your severance expires. If that is the case, you can reapply at the end of the severance period.