Legal Question in Employment Law in California

wronful termination

What kind of recourse does a waiter who was fired from a restaurant have if he feels he was fired wrongfully?

No written rules or regulations, no employee handbook, no good reason given for firing, no investigation of the incident that allegedly led to the firing.

Arbitrary written notice given based on incorrect facts prior to firing, also without any investigation into incidents.

Anyway, I'm obviously being vague, if you could let me know what my course of action would be if I wanted to file a civil suit, that would be great.

thank you.


Asked on 10/01/01, 3:22 am

2 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: wronful termination

Thanks for your posting. You may file for a wrongful termination claim if you feel you were terminated wrongfully. Although employment in California is "at will", employers still have to deal with you in good faith and fairly. If you were fired based upon "trumped up charges" as part of the incorrect facts you are alleging, you might have a case. Feel free to email me at info @expertlawfirm.com with the details or call me at 1-877-568-2977 and I'll see if I can't help you further.

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Answered on 10/15/01, 12:22 am
Ken Koury Kenneth P. Koury, Esq.

Re: wronful termination

if you think they violated the law by firing you then you can file a lawsuit. However, based on what you said so far, i dont see any violation of law.

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Answered on 10/06/01, 5:21 am


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