Wrongful/Retaliatory Termination

[legally_bld]

What is the name of your state? CA

Hello - I have a question regarding the above subject. About a month ago I was working for a local medical group, I was laid off due to so called 'business necessity'. Basiclly I had an issue with my boss, I was forced by other co-wkrs to speak to the HR mgr and she brought it to the attention of my bosses boss. My boss had to meet with him and the HR mgr - my name was not brought up, or so he say's. Later on I was told I was being transfered, I thought good! But I later learned I was being 'traded' with another employee, I was upset because not only was I going somewhere I really did not like then top it off someone is taking over my position so I went to the HR mgr again and spoke my mind. She stated I was too 'timid' to ask for a transfer so they did it for me Anyways...I asked for another option, they did not acknowledge my request so I submitted a resignation letter dated for last day of work for: January 9th 2004. About a week later I was called into the HR dept and was LAID OFF!! I then found out by my co-workers that the other girl, from the 'trade' is working in my position. This seems wrong! Can I sue for Wrongful or Retalitory termination? What do you think?

 

[hexeliebe]

Retaliatory for what? You resigned. Nothing in the law says the company has to keep you until the date of your resignation.

In fact, nothing in the law says the company has to keep you at all.

You have no case in which to pursue damages.

 

[legally_bld]

Well, first off I believe that I was 'retaliated' against for turning in my boss for certain reasons - Its funny that I was laid off weeks after my meeting with the HR mgr and my boss' boss.

There was no clear 'business necessity' to lay me off other than...to get rid of the 'tattle tale'. I was a great hard working
employee and never had any problems arise before this situation - first time I open my mouth I get laid off? Seems very strange.

 

[hexeliebe]

strange? Maybe. Bad timing? Of course. Illegal? No.

You have not stated any relevant facts which would support a wrongful termination case.

And the mere fact that you resigned actually has no bearing on the legality of your firing, as does the reason you were fired.

I could tell you I think you're too tall and you're fired and you still would not have a case of wrongful termination.

Simply put, you have no case.

 

[cbg]

Nothing in the law protects you from retaliation from complaining about your boss. This does not remotely meet the definition of a wrongful termination.