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    Re: suing supervisor in small claims court in Ca

    Posted by Fanua SP. (SCUPS-Student) on 1/18/07

    Dear Zrkk,

    In California, employment is at will state as in most other
    states, This means that an employee can be fired for any good
    reason, including economics, or no reason other than one based
    on discrimination or illegal reason, such as when someone
    refuses to engage in illegal activity and it fired as a result.

    However, if the at will relationship can be modified either in
    writing, or printing or oral. A written criticism may be require
    prior to terminating an employee, because the employee can argue
    that he/she was wrongfully terminated if the company fail to
    follow its own policies. Same case if the employer gives
    assurance of continued employment orally, therefore, the at will
    relationship may found to have been modified. Therefore, the
    employer could be required to establish good cause prior to
    terminating you.

    The bottom line here that wrongful termination is often
    difficult to prove unless you where hired pursuant to a union
    contract, or employment contract. It is therefore important for
    you to keep copies of any hiring letters, employee handbooks,
    performance evaluation etc so that your attorney can better
    assist you in your case.

    Good Luck

    On 1/17/07, zrkk wrote:
    > On 1/16/07, jamie wrote:
    >> On 1/15/07, zrkk wrote:
    >>> I am looking for anyone with experience on suing a
    >>> supervisor in small claims. I was terminated, but in Cali
    >>> we are an "at will" state. was told I can sue her directly
    >>> in small claims for basically wrongful termination.
    >> Anyone??
    >>
    >> What was the reason you were termed?
    > I was injured on the job...and she trumped up
    > reasones..falsification of records..an unfounded charge of
    > sexual harassment..have plenty of peeps who will testify in my
    > behalf. The injury clinic doc called and told my HR manager
    > they needed to help and modify my duties..she told the doc she
    > didn't think I was hurt. Have that in writing and a co worker
    > there at the time, she has EXACTLY the same.."she was not
    > injured" by the same supe.

    Posts on this thread, including this one
  • suing supervisor in small claims court in Ca, 1/15/07, by zrkk.
  • Re: suing supervisor in small claims court in Ca, 1/16/07, by jamie.
  • Re: suing supervisor in small claims court in Ca, 1/17/07, by zrkk.
  • Re: suing supervisor in small claims court in Ca, 1/18/07, by Fanua SP. (SCUPS-Student).
  • Re: suing supervisor in small claims court in Ca, 1/18/07, by Terry.
  • Re: suing supervisor in small claims court in Ca, 1/19/07, by lawguy.
  • Re: suing supervisor in small claims court in Ca, 1/22/07, by RCW.


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