Wrongful Termination

[agrieder]

Is there a statute of limitations on wrongful termination in California? I was discussing the situation with a few people and they claim I was wrongfully let go and have a strong case but it was in Jan of 2005. Has too much time passed for recourse?

 

[cbg]

Yes, there is, and it's almost certainly passed. In most cases it's 2 years.

But there are different types of wrongful termination and how long you have to file a claim depends on the type. What is it that your friends think was wrongful about your termination?

Keep in mind that about 97% of the people who post on this board thinking they have a wrongful termination, don't. It does not mean what most people think it means.

 

[agrieder]

I totally understand and agree with what you are saying. I didn't think the termination was wrong but so many people do so I thought I'd check. What happened was I had a car accident with a co. car. I have no recollection of it because I was taking an anti anxiety medication my Dr. put me on a few days before. The next morning I get this email from some woman that said, "you hit me last night." That day, a Friday, I had to get my wife to the airport and get packed and ready to go to Europe myself. The entire day I was trying to remember what happened. I wasn't sure if it was a hoax or what because there was no damage whatsoever to my car so I was totally confused and the medication didn't help. I felt totally cloudy. It had a total adverse affect on me. I thought my memory may come to me so I got on my flight to Europe that afternoon. During the flight I realized I should have let my boss or someone know regardless. I did so immediately upon my arrival in Europe. i was let go when I returned for not being "forthright" with the accident. My friends claim if I would have brought up the medication aspect etc. I would not have been let go. They said if anything, I could get my job back...?

 

[cbg]

Your friends are wrong. Even if you had filed a claim earlier, it would have been thrown out. The fact that you were taking medication does not protect you from any and all adverse actions; you could still legally be fired for not telling your boss about the call. Essentially you let him be blindsided; that is a perfectly legal reason to fire you.

But if you had had a claim under the law your friends are misinterpreting, the window to file it closed in October of 2005.

 

[agrieder]

CBG, just so you know, he was not blind sided and it was an email, not a call. I agree, he could have been blind sided that is why I felt terrible and emailed immediately from Europe when I arrived.
I do know a friend that a company tried to fire and there was medication involved that is where they are getting this. They were unable to let him go. You are correct, the difference is I did not call him the moment I saw the email and should have. The medication had such an adverse affect I don't even remember that day or the flight to Europe. I remember writing the email stating, "I think I may have hit someone" and forwarded on the email I had received for that individual. I even advised where the car was and allowed them to go into the garage and look at it. There was no damage at all! Not even a scratch but apparently my rear view mirror clipped theirs and took theirs off. There is also allot more to the story than meets the eye. There was a staff member with more seniority than myself that this boss wanted to get rid. He needed me out of the way to do so. This was his chance to do it... The entire company knew that was the underlying reason.