Legal Question in Employment Law in California

Do I sign the form and take the money or sue

cIn may 2004 My employer advised me that an address book belonging to me was found with drugs in it. He never showed me the address book,but said the police would be coming to my home. I had a drug test on my own the next day but he did not want to see the results. My salary was $19.00 hr In June it was changed to hourly $10.00 with an incentive plan put in place to compenstate the difference(It never did.)At that point I asked the manager of another department if I could work in her department She advised she would talk with my boss, weeks later she told me that my boss would not let me move he needed me where I was. My production started to fall below expectations but were about the same as a fellow employee. I was then dropped a level. The next report that came out, for all to see, I was singled out by my self, even thou there was other employees in that level. I was laid off with the reason of cost cuts. They have given me until Sept. 2nd to sign a form basically stating I would not file any claims against them. If I sign they will give me $ 4000.00 I need to know if I have a case to sue or should I take the 4000. I have not been able to find an attorney that has the time to talk with me,my time is running out


Asked on 8/27/04, 3:49 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Do I sign the form and take the money or sue

In California, most people are at-will employees, which means you can be fired or you can quit without any reason, except an illegal reason. Although it appears that your company was looking for a way to make you quit, it ultimately terminated you. If you were not discriminated against for the usual reasons (sex, race, national origin, sexual orientation, disability, medical condition, marital status, family status, age), or if you did not blow the whistle on illegal activity, you might have a hard time bringing a suit. All proposals may be negotiable however. If you think the offer is inadequate, you might want to see if they're receptive to sweeting the pot, including providing health coverage for a while longer, since COBRA benefits are very expensive. Good luck to you.

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Answered on 8/31/04, 4:11 pm


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