Legal Question in Employment Law in California

Wrongful Termination

I was fired from my job and I would like to know if I can sue the company for a wrongful termination. I am an aircraft mechanic and was asked to perform jobs that were unsafe. On my termination papers it states that I took 2 days to perform a job that my supervisor stated ''he could have done the job in 5 minutes'' I was asked to work on the highest point of an airplane on a lift with the wind blowing at gusts of 25 mph to 40 mph. My supervisor says that there was no wind blowing on that particular day(s) I went on line and for that date I have proof of the wind gusting up to 40 mph. My lead man who I complained about to the HR Dept called me and some of the other employees slang words like ''dog'' and the word nigger. I am of the Black race and did not appreciate his comments. I did complain and nothing was done. After complaining about my lead man I was fired. They also bring mention to my attendance when work slowed down I was told by the lead man to go home, and that it would not count negatively on my attendance. I am not certified to operate several machines such as a lift, forklift,scissorlift, and was asked to operate these machines with them knowing that I was supposed to be certified before operataing them. Do I have a Case?


Asked on 6/18/08, 1:58 am

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

Re: Wrongful Termination

You certainly have facts that are worth looking in to. Generally, employees cannot be required to perform a job that is unsafe or illegal and if you were retaliated against for refusing to do so or for complaining about such issues, this could be grounds for wrongful termination. Neither can you be fired for complaining about racial harassment.

It is in your best interest to consult with an experienced employment law attorney in your area. The attorney will want to gather detailed facts from you and investigate the claims to assess the merits and your options.

You could also file a racial harassment and retaliation complaint with either the Department of Fair Employment and Housing or the Equal Employment Opportunity Commission. The time to file such complaints is one year with the DFEH, and 300 days with the EEOC. Don't delay, as the longer you wait, the more problems you may run into, timing wise.

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Answered on 6/18/08, 4:49 pm


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