Unfair termination

What is the name of your state (only U.S. law)? California

Long story short...

I was working at a company for almost 3 years.

Went on an interview and got a new job. Salary, benefits and starting day were agreed between new employer and myself.

I gave the current employer 2 weeks notice and was supposed to start the new job on may 10th. Since i had some unused vacation days i left early and decided to take a few days off before starting the new job.

This is where it gets better...

2 days before i started the new job one of the partners of the company called me and asked me to stop by to 'talk'.
He then told me he could not afford to pay my salary and that the partner that had hired me was also fired from the company (At the time, everything was agreed with both partners). He told me he was trying to find a way to keep me there but would call to let me know but he never did.

Now, I'm unemployed and having a hard time finding a job.
I'm drowning in debt cause i get 1/3 of my salary from unemployment insurance and can't pay my bills.

I just want to know if I have a case to sue him... at least to pay my bills...
I have witnesses but nothing in writing since i was supposed to sign the paperwork on my first day of work.

I appreciate all the advice in advance!!

Thanks a bunch!

Maybe. See a local employment attorney in your state regarding detrimental reliance. Your uphill battle will be if you didn't get anything in writing from the new company.

You can check on detrimental reliance with an attorney & I would. However; as Patty said, if you have nothing in writing from the new co., this could be an uphill battle. They can "generally" rescind the offer just like you could decide not to take the job after all without any consequences to you if there is nothing in writing.

Thank you!

I appreciate your help!!!

I'll consult a lawyer soon....

I don't have anything in writing but I have 2 witnesses that can confirm my story (the ex-partner and another employee hired by him).

One thing that I just found out is... He is in the US illegally... Will I be able to do anything?

This situation gets worse by the day...

Thanks again**************

Getting him deported will actually hurt you because he will be much harder to sue.

Considering you quit your other job, I'm surprised you are getting unemployment.

Yes and no...

TinkerBelleLuvr said:

Considering you quit your other job, I'm surprised you are getting unemployment.

Click to expand...

Yes, I quit my job to go to a new job that terminated me...
So technically, I didn't just quit my job I was 'laid off'...

I've never been unemployed in my life... First time on UI and it SUCKS!!

Been out of job for a while and I can't wait to get a new job...

Staying home and looking for jobs SUCKS.

bzdmk said:

Yes, I quit my job to go to a new job that terminated me...
So technically, I didn't just quit my job I was 'laid off'...

Click to expand...

Doesn't always work that way; I know that from personal experience.

bzdmk said:

Yes, I quit my job to go to a new job that terminated me...
So technically, I didn't just quit my job I was 'laid off'...

Click to expand...

You never started working for the new place...THAT is why it's surprising...and I would expect that employer (either one) will appeal.

Zigner said:

You never started working for the new place...THAT is why it's surprising...and I would expect that employer (either one) will appeal.

Click to expand...

Dayum, I missed that part.

Agree. Expect a notice of appeal any day now. And don't spend that money if you can possibly help it, because you almost certainly will lose.

Did you put "laid off" on your initial claim as the reason for separation? If so, that's just not true. You can't get laid off, fired, or anything else if you never started work.

You chose to quit the job you had to go to work for another company. You never worked at the new company; therefore, you weren't laid off I doubt you can sue anyone for anything and win. You made a choice. In this case, the wrong one.

Unemployment insurance is NOT "salary." Where is the other 2/3rds of your "salary" coming from? If you're getting money from another company, you have to notify EDD so they can subtract that amount from the check they send you. Not notifying them is illegal, and can get you in a LOT of trouble.

I suspect you're in more trouble than you think.

Freak out after you've been unemployed for 6 months, 10 months or 2 years.

I think what he means is that his UI benefit is only 1/3 of his former salary.