the company let me go yesterday after 1 1/2 service to them, they offered me a 2 months pay to release my right to sue them. will i be able to still claim for the umemployement insurance ?? this is a very hard time for me and my family now, we might loose our house in this bad housing market :(( we have very tigh money cashflow :(( i know it is best to consult a lawyer, Is there any free or low cost attorney, or legal counsel or a labor consultant that we can use?? i live in Riverside, CA. Thank you.
2007-09-11 06:07:58 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Before you panic about losing your house and all, get out and look for another job! Why bother trying to sue? It could take years. Plus most employment is at-will and you can leave or they can make you leave at any time for no reason.
2007-09-11 06:12:05 · answer #1 · answered by Flatpaw 7 · 1⤊ 0⤋
If you do take the money you don't have any right to sue. Even if you don't take the money it doesn't sound like you really have a case unless there are details you're not disclosing. There are many lawyers who will give you a brief consultation for free, although you're really more likely with those to just get a paralegal or some assistant, not the real lawyer.
I'd say take the money and go find a new job. Two months should be long enough and sometimes you have to make tough decisions to make ends meet, like are you paying for cable TV, do you have an extra car or drive a gas guzzler that you could save money by making a change there? Do you have a cell phone and a home phone? Do you shop at a nice grocery store or at a discount store like SaveALot or whatever you might have around you? Do you eat out? You get the idea...
Don't let yourself lose your house if at all possible. Look at if there's anything else you can cut out before you make that choice. And talk with your lender, many times they are willing to work with you. They'd generally rather take your money late than foreclose the house because they usually get less out of a foreclosure.
Even a slightly less-paying job is better than no job but at least they're paying you for the next two months. For the next two months your FULL TIME job is to go find a job. Polish up the resume today.
2007-09-11 06:24:23 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You failed to mention under what grounds you were terminated.
The company payed you severance as per the law. Generally the only time you can sue an employer for termination is when it is unlawful, based upon race, religion or sexual orientation.
Employers are under no obligation to employ you, if you are no longer cost effect, under performing or otherwise not an appropriate fit for the position they are completely within their rights to terminate you.
Whether you can collect unemployment is based upon the reason you were terminated. At this point I would look at it as you have two month to pull yourself together and find a new job. Unemployment does not pay well.
2007-09-11 06:20:20 · answer #3 · answered by smedrik 7 · 1⤊ 0⤋
I haven't looked into California but most states have laws designed to protect the company over the individual. Many states are "right to work" states, which makes no sense because it means that companies have the right to terminate you for no reason.
Unless your firing was discriminatory I don't believe there is much that you can legally do.
2007-09-11 06:12:19 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Unless you had a valid employment contract and/or union collective bargaining agreement and the termination was a violation of the terms of one or the other, your years of service is moot regarding termination.
Unless you can prove that you were terminated for a protected status (not that you are a member of such a group but that it was the prevailing grounds for your termination) then you have no case.
Unemployment will hinge on the reason you were terminated. If for cause, then highly unlikely but you should still register.
2007-09-11 06:13:26 · answer #5 · answered by hexeliebe 6 · 2⤊ 1⤋
One of best law firm to talk to in this matter is Danz and associates. Ask for Steve Danz.
You need to have a cause of action to sue of course meaning the company did something illegal when they fired you. If not, no recourse.
2007-09-11 06:35:08 · answer #6 · answered by tk 4 · 0⤊ 1⤋
Well, if you agreed to not sue them, then you kinda have to abide by that if you want to keep the money they conditionally gave you. You have to choose one or the other.
That said, it shouldn't affect your ability to get unemployment, but the two months pay that they gave you will be counted towards that. Start looking for a new job.
2007-09-11 06:27:12 · answer #7 · answered by Hillary 6 · 0⤊ 1⤋
On what grounds are you going to sue them? It is not illegal to lay people off. If they can't afford to keep paying you they had no other choice.
2007-09-11 06:11:56 · answer #8 · answered by Jason 2 · 2⤊ 0⤋
Go to this web page and look for legal match
Legal match will put you in touch with the right kind of lawyer
http://www.samstownecenter.com/merchant_directory/services.htm
2007-09-11 06:17:39 · answer #9 · answered by Anonymous · 0⤊ 1⤋
I'd take the money. I doubt you can sue. Most states are "at will."
2007-09-11 06:13:48 · answer #10 · answered by Anonymous · 1⤊ 1⤋