Legal Question in Employment Law in California

A Case of Wrongful Termination & Possible Remedies?

I lost my retail sales job at a national upscale department store chain, after 11 years satisfactory history. It started with 4.5 hrs. of interrogation by 2 of the security staff. I was accused of commission fraud & told I'd been targeted for monitoring for 3 months, but no proof was ever shown to me. They demanded I admit wrongdoing, sign a statement & a generic Promissory Note to payback $700.00,& said there was a good chance I'd go right back to work with it resolved, but if not, it looked bad & it wouldn't go well for me. First, I signed, then rescinded-same day, because it was coerced with threats of job loss & it was FALSE. Next day I rcd. a notice of 5 days unpaid suspension. They told me by phone, on day #5, the suspension was extended another week. Finally, I was fired & told it was due to several incidents over the 3 mos.,in which a certain policy/procedure was violated, but no fraud or theft was ever proven. This isn't a severe violation & most or all dept staff members are guilty of it-for years, verfiable via paper trails. Is selective targeting & enforcement of company rules with some employess & not others, legal?! Do any of these actions violate any other legal rights?


Asked on 1/19/02, 5:19 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: A Case of Wrongful Termination & Possible Remedies?

Employers don't need a reason to fire and they don't have to prove you guilty of committing an offense unless you have a contract that requires them to have just cause, which is rare. It may be possible to claim you were falsely arrested if it can be shown you were held against your will for 4 1/2 hours and not permitted to leave until you confessed to something you didn't do. Private security may not resort to such tactics.

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Answered on 1/22/02, 12:36 pm


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