Legal Question in Employment Law in California

My wife was a branch manager for a local bank and was recently demoted from her job of 20 years because one of her employees committed fraud against some of the banks customers.

There was nothing my wife could do as what the employee was doing was under the limit that she had to present items to her supervisors. The amount she stole from the banks customers was very high, over $300,000

For her actions my wife was demoted to Assistant Manager and they cut her pay $30,000 a year.

Our question is; Can we sue the employee for loss of wages? Damages?

Asked on 4/20/11, 11:03 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

You "CAN" do anything you like. Winning such suit is simply not possible, based upon your facts stated. Not only are there no laws against 'unfair treatment' or poor management, but in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice. Bank employees are even less protected than general employees, as they are in a 'money industry' requiring more trustworthiness. The employee's goal should be to keep the employer happy and make the company money [or in this case, prevent losses]. That�s how they pay your wages.

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Answered on 4/20/11, 12:40 pm
Timothy McCormick Schneider, Holtz & Hutchison

Not to mention the fact that unless the employee made sound investments with the stolen money instead of spending it (riiiiiiiight) there will be nothing to collect even if you could come up with a viable legal theory and win.

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Answered on 4/20/11, 1:10 pm

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