Wrongful termination questions

[yolandanewell]

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

Is "small claims" court the proper venue to sue for a monetary sum due to "wrongful termination". If so... and if "wrongful termination" has not yet been determined, what are the chances that the petitioner will win?

To make a long story short - an "at will" company laid off an employee. That employee then began sending emails to the company claiming discrimination and failure to pay overtime in the amount of 1400 dollars. The employee took the company to the labor commissioner where it was found that there was indeed $110 dollars in overtime due, which was paid.

Now the company has yet another summons to appear in small claims court because this former employee has sued for "wrongful termination" and is insisting that she be paid wages up until the date where she found gainful employment.

 

[CourtClerk]

Wrongful termination has a very specific legal meaning. Just because someone was terminated and the terminated individual thinks it was wrong, doesn't make it 'wrongful termination' under the law. So, none of us are able to say, by reading your post, whether wrongful termination occurred.

Oh, and no one who thought the had a legitimate wrongful termination case would sue in small claims court anyway.

 

[yolandanewell]

Thanks

Wrongful termination has a very specific legal meaning. Just because someone was terminated and the terminated individual thinks it was wrong, doesn't make it 'wrongful termination' under the law. So, none of us are able to say, by reading your post, whether wrongful termination occurred.

Oh, and no one who thought the had a legitimate wrongful termination case would sue in small claims court anyway.

Thank you - you're quick this morning!!!!!! It's Saturday and I cannot believe either one of us are up this early...

 

[CourtClerk]

Thank you - you're quick this morning!!!!!! It's Saturday and I cannot believe either one of us are up this early...

I'm up early every morning. Gives me time to do housework uninterrupted.