Wrongful Termination - Advise appreciated!

[dunwoody_33]

What is the name of your state? California

My supervisor tried to extort a large sum of money from me, then harrassed me when i refused to pay him. I was forced to go on medical leave for anxiety and depression. The company then promoted my supervisor to VP without investigating complaints from myself and 4 other people who made complaints to HR about sexually inappropriate behavior, then the company wrongfully terminated me and was unwilling to let me return to work with a different supervisor.

I made multiple requests to see my personnel file from HR and the CEO, which were ignored. The company illegally withheld my personel file for 4 months. (a misdemeanor punishable by a file and up to 30 days in jail in California)

I informed the company they were required to pay me for my unused vacation when i was terminated and they refused to pay me.

The company lied to unemployment insurance and said "I quit after refusing to return to work".

Before I filed, the company refused to mediate or offer any settlement.

I filed a wrongful termination claim, and named 2 HR people and the CEO as defendants for illegally withholding my personnel file and failure to investigate and supervise. As soon as they got served legal papers the company quickly paid my unpaid vacation and the $7000 fine.


My questions:

Are companies usually this malicious?

How would a large company react at their CEO being served for criminal misdemeanor charge of withholding of a personnel file?

If this company likely to want this case settled?

Do company tactics usually go like this: "delay, deny everything, hope they go away, run up legal bills through discovery then try to settle at the last minute before trial?"

Would the person accused of extortion typically get fired if a settlement is reached or only if the company loses at trial?

Should i file criminal misdemeanor charges against the CEO with the assistant district attorney in california?

Should i file criminal extortion charges against my supervisor after the case is over?

What would be a fair settlement?

Any comments or advise in general?

Thanks

 

[Beth3]

"Are companies usually this malicious?" No. Nor this stupid.

"How would a large company react at their CEO being served for criminal misdemeanor charge of withholding of a personnel file" Less than thrilled, I imagine.

"If this company likely to want this case settled?" Since we have no idea how credible your claim is, no one here can possibly know.

"Do company tactics usually go like this: "delay, deny everything, hope they go away, run up legal bills through discovery then try to settle at the last minute before trial?" It's not possible to generalize about "company tactics" and come to a specific conclusion any more than it's possible to generalize on how all people behave.

"Would the person accused of extortion typically get fired if a settlement is reached or only if the company loses at trial?" Impossible to answer. We don't know anything about the specifics or company management.

"Should i file criminal misdemeanor charges against the CEO with the assistant district attorney in california?" You need to ask an attorney about this.

"Should i file criminal extortion charges against my supervisor after the case is over?" See above. We don't know anything about your claim that your boss tried to extort money from you.

"What would be a fair settlement?" How could we possibly know???? We don't know if your allegations are even sustainable.

"Any comments or advise in general?" Yes. If you have an attorney, ask him or her all these questions. If you don't have one, then get one.