COMMENT 158549
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2011-03-28 01:16 PM |
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Anticouni & Associates LLP, 23 East De La Guerra Street, Santa Barbara,
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COMMENT 158550
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2011-03-28 01:16 PM |
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O'hara and Duris...santa barbara..Patrick O'hara is an awesome employment attorney...give them a call and see where you stand..my self and several others I know have had him represent us.
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COMMENT 158552
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2011-03-28 01:19 PM |
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go for it. My friend just got a year's pay from a pharmaceutical company that axed him from his sales position the day after he revealed that he had a medical condition.
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COMMENT 158553
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2011-03-28 01:19 PM |
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Most jobs today are purposely identified "at will". Are you sure you have grounds for "wrongful termination" under the terms of your contract? Of course, an employment law attorney needs to give you this legal advice, but the threshold today is very few jobs have written agreements that allow for any form of wrongful termination. Merely feeling something is "not fair" is not the same as clear legal grounds for wrongful termination. Best wishes, contact county bar association for those lawyers willing to offer a half hour free legal consultation and check the yellow pages and the county bar association for those specializing in employment law - a tricky and statute driven area of law.
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COMMENT 158560P
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2011-03-28 01:28 PM |
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Lauren Udden at Anticouni
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COMMENT 158563P
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2011-03-28 01:45 PM |
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Janean Acevedo Daniels. She won the case filed by the two women police officers who proved that they had been discriminated against in the promotion process. She is excellent!
Yes, most jobs are expressly "at will," BUT, while the employer may fire you for "no reason," they cannot fire you for the "wrong reason." ie, discrimination, whistle blower, bias, etc. A matter of proof.
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COMMENT 158564
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2011-03-28 01:46 PM |
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Certainly check with an attorney, but consider any legal action as a public document whether you win or not, which may count strongly against you getting hired in future. Might be best to just move on and begin an aggressive search for your next job - or start your own business.
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EDHATBARBARA
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2011-03-28 01:47 PM |
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Lauren Udden, 15 W Carrillo St Ste 101, Santa Barbara, CA 93101; Rafael Gonzalez; Mullen & Henzell, 112 E. Victoria St., Santa Barbara, CA 93101; rgonzalez@mullenlaw.com
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COMMENT 158568
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2011-03-28 01:58 PM |
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Both Lauren Udden and Janean Acevedo Daniels are good lawyers. Because wrongful termination can take different forms, however, I would suggest you contact the local County Bar referral service. They will refer you to an attorney that specializes in whatever type of case you have. The link is http://www.sblaw.org/need-a-lawyer/lawyer-referral-service.
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EDHATBARBARA
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2011-03-28 02:24 PM |
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The County Bar Lawyer Referral Service is a good resource. It will, however, charge you $25 for the service of referring you to a lawyer.
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COMMENT 158587
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2011-03-28 02:49 PM |
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I worked at an "at will" job and was terminated. I took action against my employer. They settled before going to trial. I got paid and I still work in the same town in the same line of work. Know your rights. Fight the power.
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COMMENT 158601P
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2011-03-28 03:22 PM |
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Just because employment is at will doesn't mean everyone is fairly terminated or that the employer of the poster didn't do something illegal. Similarly, we don't know anything about the employer's reasons for terminating this person's employment. Please save the lectures for something you know more about.
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COMMENT 158695
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2011-03-28 06:33 PM |
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My Attorney always tells me - the only one that makes Money in Law Suits are the Attorneys
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COMMENT 158771
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2011-03-29 06:35 AM |
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The County Bar Lawyer Referral Service will refer you to a lawyer they say will meet your needs. When I was trying to adopt my step-son I used them. The lawyer's business was international law. He knew nothing about adoption. I bought a book and had to tell him what to do, for which I was charged $100 an hour. He totally screwed it up and the adoption never went through. It was devastating to my son and I.
I have to wonder if the Referral Service is more to benefit lawyer that can't find work rather than to help people looking for help. You've got several good references listed here. My advice is to go with one of them.
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COMMENT 158772
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2011-03-29 06:39 AM |
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ask Craig Smith
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COMMENT 158787
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2011-03-29 07:32 AM |
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I have worked in 3 law firms. Bruce Anticouni has the reputation for handling labor market problems. His associates are good too.
Anticouni & Associates LLP, 23 East De La Guerra Street, Santa Barbara,
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COMMENT 158792
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2011-03-29 07:46 AM |
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Check with the Labor Board first. They will represent you free of charge if you have a legitimate claim.
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COMMENT 158815
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2011-03-29 08:12 AM |
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Yes, 792 makes a good point. U S Dept of Labor ( see wdb link by googling) has several 'programs' that could be invoked; OSHA, Whistleblower and similar. There are very tight time limits to file (could be as little as 30 days after the event.) Lawyers will not want to go this route, as it will minimize their involvement (i.e. fees.) Lawsuits are draining; financially, timewise and emotionally. Speaking from first hand experience, I would avoid that route if at all possible; but if you are a principled individual with a legitimate case and you 'have' to take action, then you gotta do what you gotta do. Good Luck! P.S. Don't forget to file with EDD for unemployment compensation, that again can take time, but dosen't need to involve a lawyer and buys you some breathing space while getting back into the employment market.
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COMMENT 158816
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2011-03-29 08:13 AM |
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There are half dozen local lawyers who focus on this area of the law. Typicaly, unless there is a statutory provision for attorneys fees, their fees are likely to be based (contingent) upon a sizeable percentage of any settlement or judgment that you recover and after deducting all costs advanced by the attorneys, unless you have a written employment contract with a clause in it providing for recovery of attorney's fees.
As another poster pointed out, although "at-will" employees can be terminated often without even a given reason, if the employer has engaged in any illegal reason or "invidious descrimination" they are still liable for damages, possible punitive damages and statutory penalties and even restoration of employment. These are, of course, very difficult to prove because an employer is not likely to leave a paper trail or disclose their true motives!.
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COMMENT 158825
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2011-03-29 08:27 AM |
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The local state-certified lawyer referral service is run by the nonprofit Santa Barbara County Bar Association. The $25 referral fee gets you a consultation with a local attorney, and you can get a second consulation if the 1st one is not to your liking. The going rate for an attorney in this town is approx $350/yr, so $25, which is kept by the referral service to keep it running, is a good deal.
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LOLA
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2011-03-29 08:53 AM |
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Janean Acevedo-Daniels kicks butt!
janean@jadanielslaw.com
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COMMENT 158845
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2011-03-29 08:58 AM |
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Leila Noel of Cappelo and Noel
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COMMENT 158878
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2011-03-29 09:48 AM |
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the lawyers will end up richer and you will still remain terminated.
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COMMENT 158897
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2011-03-29 10:01 AM |
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Jim Cordes is the best at www.jamescordes.com.
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COMMENT 158933
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2011-03-29 10:47 AM |
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I was really pleased when I used the Santa barbara bar associations lawyer referral program. I told them my employment troubles. They actually LISTENED, asked the right questions and got me the help I needed.
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COMMENT 158959
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2011-03-29 11:10 AM |
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It takes a lot to fire someone these days. Honest days work for a honest days pay. If you didn't do that maybe you weren't really into the job anyway and it's an opportunity to move in a different direction? Is the lawsuit really worth it?
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COMMENT 159167
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2011-03-29 03:52 PM |
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There seems to be confusion about the financial aspects of this situation. Most employment law attorneys will provide a free initial consultation. Wrongful termination lawsuits are almost always handled on a contingency fee basis. In other words, rather than charge a terminated employee an hourly rate, the attorney accepts agrees to handle the case in exchange for a percentage of the settlement. If there is no monetary settlement, the attorney doesn't get paid. This is necessary in this area of the law because few people who have lost their jobs can afford to pay attorneys the hourly rate. Finally, the California Fair Employment and Housing Act does permit recovery of attorneys fees for terminated employees who win a judgment for a violation of the act. Good luck!
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EL BARBARENO
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2011-03-29 06:29 PM |
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Josh Lynn
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COMMENT 409087
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2013-05-15 04:20 PM |
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I second Loha on Janean Acevedo Daniels. She is expertise on employement law. She is thorough and sharp. Janean kicks butts.
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