Praying for anyone that's going thru an unlawful termination. Nobody deserves to be discriminated, hated, biased than terminated after reporting the incident. Retaliation is real. 🙏
I am in HR...in addition, not in CA. Just want to say...I don't think I have ever witnessed a lawyer do a better job at explaining what a former or current employee should expect. You nailed it! Respect. =)
My significant other just got terminated wrongly and after 8 months or so of harrassment and discrimination. He was looking to put in his notice soon if things didnt get better, then they placed him on some bogus "paid admin leave" for 2 weeks with no info. What we didnt see, was them terminating him, which made no sense becauae he didnt do anything wrong, they did this at that 2 week mark of his admin leave and no information why other than "poor performance " to which hes never been written up, had a perfomance review etc. (He's actually the supervisor). There was no interview just a phone call from HR that he is terminated due to poor performance and to look for an email with separation letter etc. Anyway, we are exploring a lawsuit which is a bit intimidating, but your videos Branagan are so helpful and have given us more confidnce in pursuing to see if we have a case. You make it so easy to understand. Thank you.
I just got terminated from my job I was with for almost two years and even with so much documentation and harassment papers against my clerk who is an active supervisor I was lied on and let go without a fair meeting and this is the first video I discovered on what to look for in a wrongful termination case. Ty!
Thank you for this and your other very helpful videos! I was terminated after suffering a disabling stroke! Mediation was not successful so my attorney is currently drafting the lawsuit; we were granted a Right-to-Sue letter. I was in NV, and my employer is based in NY. Being fired from a job I truly loved was emotionally devastating, and now I’m gearing up for the very long process of trial! This video helps me understand what to expect during this process. I’m very thankful to have a n excellent attorney, and your clients are also fortunate to have you representing them! Thank you again!
Branigan, you have no idea how much I've learned by watching your video's!!! I have a better understanding how to proceed further with my case. Thank you and God Bless!!
I am from BC, Canada ..and I would like to Thank you for being so clear in all of your videos. You are so helpful to get general information about how a case is handled.
I worked for a staffing agency as a healthcare employee when covid was at it's worst. I was an agency employee working in an all Covid unit hospital. During my first week starting there many of my protected rights were violated as well as many of the hospitals policies were violated when a Charge Nurse (main hospital employee/Non agency employee) had screamed at me, harassed me, followed me, threatened to physically dragged me down the hallway, (unsafe work environment/workplace violence/harassment/intimidation.) I was also not given report about the pt I was supposed to do a 1 to 1 on who didn't even speak English. (Unsafe work environment/patient safety risk). When I made a formal complaint I was immediately taken off the schedule ( unjustified adverse action against me). When I called my staffing agencies recruiter after a week of not being able to work I was put back on the schedule but then I would get a phone call from the staffing department at the hospital every single day to inform me that I was "cut" because of over staffing. Which was a lie (adverse action against me). I would call the hospitals staffing department every day to see if there were any shifts that were available to pick up and I would be lied to and told no. I knew there were plenty of shifts available because I asked one of the main hospital employees who I worked with if I could take a picture of the monthly schedule of all the open shifts that were available that only main hospital employees had access to. I would email my recruiter ever day and relay to them what I was told, because I would get a different story every day. I would send emails of all the screen shots of the open availability calendar to the staffing department with screen shots of the time I called, the name of the person I talked to who had told me there were no shifts available, and then I would call the floor I was supposed to be working on that night and ask who was working. Eventually I was able to connect all the dots and once I proved that I was in fact being intentionally being lied to in order to prevent me from working my scheduled contracted hours, I started getting phone calls directly from the staffing manager to be the first to pick up whatever days I wanted before they published the Schedule for everyone else to see. When I was finally able to work I was scheduled to work with the exact same charge nurse I originally complained about! Which I felt extremely uncomfortable. This nurse would follow me into rooms and "pretend" to be looking for something, repeatedly leaving and coming back open and close cabinets and drawers, but never can "find what they're looking for." I would be given extra work assignments, extra pts, duties and tasks, where I would be so overloaded with work I wouldn't be able to take a break. (Illegal) I would be given multiple critically ill pts who had coded on me at the same time. This Hospital ended my contract early (wrongful Termination), blaming me for breaching the contract because I didn't fulfil the contracted hours agreed upon, which is obviously impossible because it was their decision to cut my Hours and intentionally prevented me from being able to work.
I'm in somewhat a similar boat. I'm in healthcare too. I am employed by a staffing agency. I'm the only individual whose contract isn't being renewed. The staffing agency won't even disclose specific reasons as to why I'm not being renewed. I've been harassed on the job by a former coworker (who was fired) along with her friends for months. After months of reporting it to my recruiter, staffing scheduler, and the main manager of the project, they failed to make any significant changes. I've been subjected to a hostile work environment my entire contract. Yet, I'm one of the most reliable employees. The others (excluding my friends who are reliable) have had numerous tardies, no call-no shows, early departures from shifts and THOSE coworkers had their contracts renewed! How does this make any sense? It's not right even in the least! The scheduler has her favorites, even the recruiters have their favorites! Including the main manager in charge of the entire project! It's been months of awful attendance by a majority of my coworkers. Me and my two friends have been holding up the ship at two different work sites! How can I settle this? I need this job because I live in a semi-rural area and it's difficult to find a job! The scheduler even begged me to work or help out a few hours on three out of four of my days off! Saving these people they favor!!!!! It's been a crap show this entire week and next week will be even worse! I love my job and our client's employees! It's not right that I'm the only one not being renewed!
@@mauricewells7838 I lost my case but I did my case at the local level (county). If you have a lawyer, I recommend you do a case at the state level because you can sue for a much larger amount. Good luck
@@dentakleen5204 can you give us more details? I am considering going pro se. Did you make it to trial? Did you have to pay their legal fees? Was there any discrimination or retaliation or just wrongful termination?
I think it's awesome that you took all of this time to share your non legal advice about this process. Wish I had discovered you when I was going through my whistle blower/wrongful termination claim.
My deposition experience was just horrible. The opposing atty would literally throw her head back and laugh in my face after I would answer her questions, yell at me, bullying behavior. It was one of the worst experiences of my life.
@@ceciliakaplan6488 yes, she was vicious. My attorney FINALLY stepped in through my sobs and snot bubbles. Man, she was mean. They can be really mean. I was not prepared. She would waste time by shuffling "looking for" evidence off the clock (they only allow so many hours to cross examine) in her stacks of papers. Common tactic to cause someone agitation. Thank you for replying.
Excellent information. Agreed finding a good lawyer and esp one who wants to work your case is paramount. I wish I would have known this back in 2006. I paid my attorney $5000 to $6000 to get me to mediation. I did not want any part of mediation bc I wanted some hard questions answered by my employer first (discovery). In my case it seemed that mediation began immediately after interrogatories from both parties. However I was made to produce so much more information than my attorney had requested from my employer. We need more good lawyers. But Knowledge is power and bc of this video I now know what I didn't know back then.
Thank you Mr. Robertson, your videos are so informative and helpful ! I really appreciate all your videos and help I know understand and what to expect . RU-vid he is really great !
I hired a lawyer when it became clear that they were "papering my file." I paid him a retainer to file an EEOC charge. Two days after I informed my job I had hired a lawyer, I got fired. Should I ask my lawyer about contingency now?
Thank you. I watch these even though I am in Calgary Alberta, Canada. If you have knowledge of Canadian jurisdictions or can recommend someone who does, please do. Otherwise, I still find all your videos informative as the rules of civil procedure across North American jurisdictions are fairly similar.
Sir, you have great advice. I've tried to get a lawyer but unfortunately everything is about economics. I understand economics but what happened to justice, good will? Anyway, thanks for giving me hope I really appreciate it. This at will hire is truly bad for Texans. I love Texas but I am really thinking about leaving and going to a state that is for Americans, sorry Texas. I'm sure you won't miss a true Texan. God bless America and once again sir thank you. ✌️
Man i appreciate you doing these types of videos. There are so many gray areas in law. Such as in California Shopkeeper Privilege. That because the person is not aware this law allows the shop to physically detain you that once your are touched against your will, you feel you have the right to defend yourself when in the law eyes you didn't. Even if you were wrongfully detained, it becomes another annoying problem with how much force you used to "defend" yourself. All of which could turn the tables onto you. Im noticing alot of lawsuits will not be taken unless something serious occurs. Like violence, even then the damage must be great. Anything small no one will care. Its almost as if you find yourself in such a situation and it gets physical, let alone violent you might as well go all out with the damage or having damage inflicted else no one will take the case/or uphold charges. If the shop is a big known entity, somone one may help. But if its what i explained above and its a small mom and pops shop no one will care. It comes down to money, more damage or bigger the entity. Better chances somone will help. When the damage and entity is small, it doesn't mean you don't have a case, just a lawyer wouldn't get enough money out of it thus turning you down.
I’m still employed. But after I put in a concern regarding a protected law that employer is not following, then a week later I’m moved into another position, it appeared on my work evaluation so therefore there is retaliation. Then I’m put with a woman instrumental with lying about coworkers, which got fired months after their move to work with her. I’m being set up. I see this, but my question is: can I or should I hire a lawyer before my inevitable termination?
Thx for the information . I found an attorney. I was turned down by your office but I eventually found representation . This is very good info for one to know so one kinda knows what to expect!
I have a good lawyer. We went to Department of human rights. And the lady from MNDHR miss under stood and got dismissed. We filed and appeal with myl lawyer. And we still didn't get a reversal. Now I'm taking them to court. Do i have to pay their lawyer if we lose.
Depends on your State's laws. Ask your lawyer. In CA, it's very rare that the employee would have to pay if they lost. The only reason they have to pay the employer's attorney's fees is if the entire case was a lie and/or intended to defraud. Costs are a different issue, however. In most types of cases, if you lose, you have to pay the other side's costs. But those are different (and much less) than attorney's fees.
i just got wrongfully terminated from doordash in may 2023 cause they used my last misdemeanor that was over 7 years ago and i live in iowa. plus I'm on ssi disabilty.
I just got a terminated unjustly in Beaumont California. I used to work at a 20 pump Gas Station at graveyard solo. I wond not take lunch breaks working because it would get busy. I got called by the HR and she told me I was let go and gave me my last check And sign it was 599$. Do I have a case? I did not know what I was signing.....
Speaking for my wife … does she have to wait to be terminated before perusing lawsuit, she’s a supervisor for huge car manufacturer and is emotionally stressed because she sees termination in neer future from manger and feels targeted for not doing her job properly , won’t get into more details on here we are from California
The radio station are also in suspicion for announcing my business. All this negative energy transpired. Whatever the radio station did to me in Chicago it will back fire
Mr. Branigan, if the case does not settle after appeal is won, as only 1 cause of action was discussed during trial. What happens to other cause of action that your attorney wrote when initial filing of case. Does another attorney have to file a new case or can they do attorney substitution? Thanks your videos are very much needed as what you have explained I went through with my case.🙏🏽🙏🏽
I'm looking for an attorney for wrongful termination and abuse. I'm from Washington state, right outside Seattle Washington. Either way, thank you for the video. Lisette Panet
So mediation is always a good thing i m guessing for example if someone works in 2019 to 2022 just am estimate of settlment amount would be ? Just a guessing 🤔
I was illegally terminated even with doctors notes and on top of them lying saying I abandoned my job even though I was in communication the whole time and on top of that my boss knew I was trying to get in touch with them and I have proof they knew. my union rep who did my grievance was working with them and to be able to deny my case they filed my grievance under workplace violence. they altered paperwork and did so much illegal stuff. how strong to you think my case is? also, how long do I have to be able to file my suit ?
I watch your videos all the time . Had a horrible time finding a attorney that was available to take my case . All busy workloads but so many have given me great references and I have hired a attorney . What a great idea to send a email with time frames to him to make it easier .
Branigan if I was employee for 10 years of a roster of 20-24 people in a sales job. Furloughed March 2020 and Laid off June 2020 due to reduction in staff due to Covid-19 toll on the business. From May 2020 - June 2020 10 employees were asked to return to work from furlough the rest laid off. I was maybe a top 5 employee based on sales rank and no negative files or complaints. Some of those asked to return were ranked 20th and 23rd and sales vs me ranked 5th. I was told I was let go because those chosen over me were done so by assessment from corporate not manager. Should I take severance or seek attorney?
I got injured February placed on disability Recieved a letter from hr Fmla on April And in may i recieved a letter from HR SAYING IF I DO NOT RETURN TO WORK ON MAY SOMETHING IM GETTING TERMINATED CUS I EXHAUSTED MY FMLA AND I NEVER SIGNED OR KNEW I WAS ON FMLA WHILE I WAS ON DISABILITY SINCE FEBRUARY
I am under FMLA and have a disability. And I was using my FMLA for my mental illness. Then my work had a meeting and tried to terminate me and forced me to sign a termination letter. Well not for us but pretty much. I did not sign it. Did not work for a whole month. Was contacting FMLA. Got sent to the ER. For a major panic attack. Now my job has said they want to reinstate my employment. Which I was never fired yet they’re saying reinstate. And now I am on short term disability. And they will not comply with my doctors request to keep me on one shift instead of going back-and-forth from nights to days. Due to my medication and mental illness. I am wondering if I can get legal representation and file a lawsuit against them because this has created such drama in my life and I am constantly under pressure now. And scared and I’m wondering if I could still contact a lawyer?
what do i do if i am a unionized employee going through arbitration and my union lawyer is bought and just trying to close and gets upset when i refuse to close & is empowering the employer in playing the war of attrition and prolonging and postponing... my question is: if i lose arbitration (because this lawyer is excluding a lot of important factors and he doesnt want me to win)... do i have the right to sue in any way? do i have any options other than a judicial review? or is judicial review equivalent to taking them to court?
I think my attorney don't understand what is going on. 5,000 and they admitted to lying which spiraled to me losing my pt job. While looking for another job a tire fell off a truck and total my car. They didn't like me because I knew the hand book and called them out on so much.
Seeking help ‼️‼️‼️ I was fired from my job today because I refused to do CNA labor (which I've been doing for months) . Legally I'm not suppose because I'm still on my first level of my course hospitality but all my check stubs Say "housekeeping" .. my last pay check I was suppose to get a student nursing aide raise but instead they decrease my pay 😬 . I was suppose to go from 9hrs to 11hrs but instead it went from 9hrs to 8hrs . When I spoke up about the HR manager got all hostile on me and I just left . I was told I would have a write up (which would've been my first write up) when I or if I return back to work . The next day I went to the administrator office to sign my write, which she just gave a corporate excuse to why I can't sign it yet . A week later I was told I was assigned to a hall by myself ... Legally I am not suppose to tough nor perform patient care on a resident without being certified . I told this to my D.O.N which who told me to clock out and go home for refusing to "do my job" . That was last week .. this week I work my whole week as I was scheduled to do so tomorrow was suppose to be my off day in the middle of my schedule I was called to the administered office . When I arrive I was told I was being let go because of the comment I made to the d.o.n about working as an CNA I'm actually hospitality but all my check stubs says job title: housekeeping . I have my proof ! I kept all my check stubs, I took pictures of the daily assignment sheets showing that I am assigned to halls as CNA some days I have more then one hall and just me assigned to those halls when there are certified license cnas are paired up on one hall together .
I did not sign my termination papers nor write up! The reason for not signing the write up is because it was out of legal hours . They had a curtain amount of time to let me see, read, & knowledge the write up from 2weeks ago from when I left after showing them they had messed up on my pay rate .. the administrator was trying to get me to sign it today after being informed I was terminated .
I hired a lawyer but the company I am suing didn't reply to the demands. (2 of them) now the lawyer sent me info to DIR and told me he was gonna close my case. What do I expect now?
I was fired from my job for having to go into quarantine from being possibly exposed to covid and it was under the advice of a Dr to get tested and quarantine. Well when I got my negative test results and sent them I was called and told that I was being terminated for having to quarantine for a second time yet it was out of my control. My question is do I have a case?
Worked in a hostile environment / discriminatory /. Company named LaserShip Inc. I'm in no way racist. I see everyone as equal. Work hard I respect. Workforce was 80% black 20% Hispanic. Punished for sitting for 30 seconds while others sat. Picture taken of me and threatened I would be punished everytime I sat down. We got no break. They hired 3 black people. They had almost got into 5 fights before this incident. One of the male black employees almost got into a fight with someone up front. I knew nothing about it. Next thing I know bags we're being thrown at me as hard as said male could. Resulting in a hematoma upper left thigh. Bruises on arms as well. I worked the hardest cause I had to I was the minority. Trying to befriend the 3 newly hired black I was helping them with there area. Female holding a box out I grabbed it quickly and she said don't ever grab a box like that again out of my hand. I said I was just trying to help. ( note they stood behind me for over a month mocking my nationality - asain) she said you heard me don't grab a box out of my hand like that again. Things got louder and louder. Fight almost ensued. As we we're walking out a blade was pulled and I heard what now. I had no weapon so I quickly got into my car. The MOD sent me home and WAS GOING TO LET THE 3 KEEP WORKING. Thankfully someone saw that as unfair and all 4 of us we're sent home. This is just a sample. Ohh the GM is Black as well. Why would I go back to an environment like that? I have 1005 hours of pto. Was not allowed to use. But you guessed it everyone else was. Why? Because I was being discriminated against.
