Legal Question in Employment Law in California

Employment terminated

Upon 92 days of employment two days after my 90 probation period and after a great performance review from my direct manager I was fired under the claim of within 90 days. Previously I been documenting the site for maintenance program but started discovering some really unbeleivable stuff. I have been documenting many fire, safety and code violations that this 24 story retirement/nursing community has avoiding fixing for 30 years. I had cataloged over 1000 photos. I followed typical protocol to get upper managements focus for these safety and health improvments and without warning, instruction, guidance, or training I was let go by the Manager above my direct report. Becuase this building is home to 214 I was trying to get managment to understand/comprehend the depth, dispare and risks of the facility. The 3rd day after my 90 days I was terminated without Cobra benefits, without proper warning or documentation under a guise that I didn't do my job eventhough my review was outstanding. What should be my course of action and what rights do I have? Thanks.


Asked on 7/23/04, 10:29 am

3 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Employment terminated

Sounds like you may have a potential claim relating to retaliation/whistle blowing. Need to review all with you. Contact me if you would like to discuss further.

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Answered on 8/03/04, 11:36 am
Thomas Pavone Pavone & Cohen

Re: Employment terminated

Recent changes in California law make filing a whistleblowing claim much easier. It sounds like your former employer needs a wake-up call. If I can be of help, feel free to call.

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Answered on 8/03/04, 4:00 pm
Alden Knisbacher knisbacher law offices

Re: Employment terminated

It sounds like you might have a very good case for unlawful retaliation -- in violation of public policy. Employers may not fire employees because those employees tried to remedy violations of law. This is a "whistleblower" case. It also sounds like you have solid proof of their violations -- you should definitely speak to an attorney. If you are in Northern CA feel free to call me, 415-522-5200 -- otherwise, I can refer you to a number of attorneys in Southern Cal. Good luck.

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Answered on 8/02/04, 9:02 pm


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