How to Prove Wrongful Termination
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- Опубликовано: 9 июн 2024
- This video is about how lawyers prove an employee was wrongful terminated from their job. Click to watch attorney Branigan Robertson explain how to win a wrongful termination case.
Links to Mentioned Videos:
- How to Get a $1,000,000+ Settlement - • How to Get a $1,000,00...
- Wrongful Termination Law - • Wrongful Termination L...
- What to Expect in a Wrongful Termination Lawsuit - • What to Expect in a Wr...
- How Much Money are Wrongful Termination Cases Worth? - • How Much Are Wrongful ...
- Pretext in Employment Terminations - • The Law Behind Fake Re...
Branigan Robertson is an employment lawyer in Orange County, California. His firm exclusively represents employees in lawsuits against their employers. Visit Branigan's website at: brobertsonlaw.com
Please subscribe to Branigan's channel!
00:00 - Introduction
00:28 - Legally Speaking, What is Wrongful Termination?
03:04 - How Does a Lawyer Prove Wrongful Termination?
10:32 - My Goal in Making These Videos
10:52 - How You Can Help Your Lawyer
12:18 - How Much Money are Cases Worth?
13:25 - Conclusion
#wrongfultermination #employmentlawyer #proof
Did you get fired? If you believe it was wrongful, share your story so that we can all learn from your experience.
I just did.
I was terminated 6 days after I submitted FMLA, which was officially approved by the 3rd party insurance company 9 days after my term date.
yes
I looking for help this problem to resolve about employment discrimination force to quit on the job how can we handle about this situation got headache about this
I believe I might be fired, there was a workplace incident the other day. Someone came in my work space in an aggressive manner, (angry, tensed up, fist balled up) about a question I asked him, then he got in my face, I had nowhere to go, the only exit is past him. Words were exchanged, (no profanity by me) that is it. I work for the DoD, in the state of Georgia, what can I do if I am fired?
Employment laws written by Employers for Employers.
What do you exactly mean?
I got fired for covid and could do nothing to help myself.
Yes exactly. It really shows that the laws are written by people who are beholden to management.
That’s what unions used to be for
At the same time that is so horrible to admit that people pay dues for nothing now
Thank you for EXPOSING the insanity of narcissists/sociopaths/psychopaths❤
...I was never late. I was never written up for anything. The group lead told me more than once that I did a good job...
Your videos have helped me so much
Almost 3 years going thru my employment lawsuit in Texas
How is it going?
As a fellow Southerner (AL), I sympathize. What companies can get away with down here is DESPICABLE. Look no further than how far AMAZON went to prevent employees from unionizing, including RIGGING the TRAFFIC LIGHTS to make sure organizers couldn’t hand out pamphlets while the employees were STOPPED AT A TRAFFIC LIGHT.
So well presented--clear, coherent and incisive.. Thank you.
Excellent info! Much appreciated Branigan!
Grateful for videos like this. Thanks!
Glad it was helpful!
You are an amazing attorney and tutor. I wished you were in my country.
You live in a attorneyless country?
@Nayo68 - Wish he was in the UK. I used to think handsome men who are also intelligent don't actually exist.
@@Nayo68 - I hope your day is as pleasant as you are !
@@SM20005 ...You were right, in the UK there are none of either one.
Thank you! You helped me tremendously!!!
Your such a great teacher!!!!
Great explanation
I love the legal terms. I imagine this is why smart employers have even bad employees sign documents on the way out and essentially pay them to go away.
I've made a few videos about severance.
Thank you
Thank you for sharing this knowledge with us.
Welcome!
@@braniganrobertsonlawdid you want to be a lawyer for the money? Or to really help people?
Nice to see more videos from you. It would be cool if you made some more about running your own practice and finding clients.
Great suggestion!
Thank you for sharing your knowledge I love your videos do you have any advice if an employer has breached the contract of an EEOC agreement and because of that I am unable to find work
Hi Branigan. I'm 66, I was fired for what they claim is harassment. Their claim is a lie. They couldn't find any reason at all, so they dreamed up this lie...
Please make a video and explain the law about 'Micromanagement by managers'. I watched your videos from London and they are accommodating. I appreciate it.
Please consider doing a video on setting work place policy, both for state actors and non-state actors.
Thank you, for sharing the details. Very useful in my opinion. I tried to place it in my situation. I might as well reach out to you on a quick call.
I was terminated for absolutely false reasons did not even wanna work that overtime. Saturday. My manager told me I would just be assisting and when I had one issue with one employee, I went straight to the manager and that other employee you all in the office went in there and harassed me and the manager And then because of that person being in that office for a while, neglected to assist who she was supposed to assist and both of us were considered wrong with the doctor though my manager apologize to me took me outside to take a breather and said I handled this right, and even gave me my yearly evaluation of being 100%great at my job compassion to the patients and the very good coworker
Sorry i wasn’t quick but i tried to summary what situation, again thank you for your time.
Hope a video about misclassification comes out :)
Branigan's Law is like Branigan's Love. Hard and fast!
Oh my god your new video
Please talk about the trend of employers not telling employees why they are being terminated? I think it’s because if they don’t give you a reason, then you can’t defend yourself if you wanted to sue them. I do know that in many states, employers don’t need to have a reason to terminate an employee.
Thank you very much for all of your exstreamly helpful information.
I was brought into the HR. I told my story I told them I was not supposed to assist that doctor though I tried, but the other employee refused my help and my manager told me it’s OK do your best to get through the four hours that Saturday and all the sudden I’m being called HR and terminated, I did not do anything wrong. I have lots of respect for my position, myself and my job. It’s working under a lot of stress and neglect to my mental being, but needed to work to make a living and they just terminated me for wrongful termination and it messed me up mentally because I know it was wrong.
Hi, I watch your videos and live in Chicago, IL I was wondering if you could give any good recommendations for a lawyer in my area.
I wish you practiced law in NY!!!
Please make a video on workplace mobbing that results in termination.
Good one… that happens alot
I just started watching your videos and you're pretty cool
I have a question though have you ever helped out someone that was going against Grimmway Farms? Lol i feel like being in California you would have had lots of grimmway cases
Hi Branigan, you should make a video on how to find a lawyer/ represent yourself if you cannot find one that thinks your case will be worth the contingency fee lawyer is getting. Thanks so much!
Generally, my advice in situations like this is that if they speak with 10 different lawyers who all practice employment law in your state, and they all turn down your case, then it's probably not a good idea to file the lawsuit yourself. If the case is too small for a lawyer to pursue, then your best bet is to file a claim with the CA Dept of Civil Rights or Labor Board (depending on the type of claim you have). I generally don't recommend filing a lawsuit without a lawyer. That may come with unwanted consequences.
Two playlists of videos from another creator that might help with this: ruclips.net/p/PLht2YVXhUrLmGPxqCwl6eWnEjlSTFviYd and ruclips.net/p/PLht2YVXhUrLnLhwY0QgTSqnYgtRaOPUoe
@@braniganrobertsonlaw I will say that the lawyer I selected was indeed the twelfth call I made. There isn't any maximum. I also found it helpful that I received so many opinions about my case. Even when I knew my lawyer was it I called two more. Know your worth.
Very good response ky
This is really good information considering attorneys have an alliance to each other that make it a conflict of interest …. to helping wage earners
I was fired because of my work injury, but they said it was because of my attitude. The people they questioned about my "attitude" were upset at the changes made to accommodate my situation. They had to do more field work while I was required to stay in the office.
That’s the same going on with me ! Did you talk with a lawyer ?
@markcoronado1695 yes. They want to represent me, but I need to find another $600 as they need $1500. 2/3 of my dogs had medical issues this year, so I spent what I had in savings on them. So I have nothing and no unemployment yet.
How do you decide between who is best to file with… EEOC/Federal, State or Human Rights Commission? What’s pros & cons? Thank you.
What if I have a witness, a union representative that said I was wrongful terminated and we filed a greivens?
I worked for my brother in law’s company for 3 years . Didn’t miss 1 day or was late . I got into a slight argument with his wife ( my wife’s sister)
He tried to make me quit … I kept showing up .
He fired me over a text message , typed out on his phone by his wife who has nothing to do with the company.
I got approved for unemployment right away , he put in an appeal and won because the state unemployment portal was down , like it always is . I didn’t receive the appeal notification and he won the appeal .
My house is now going up for foreclosure.
Got to love family 🤦🏽♂️
I love your videos. I put together an HR case (50+ pages long with evidence) showing that my manager has systematically gaslighted me and that he retaliated with a performance report (pre-PIP) after I submitted a written complaint to his senior management about gaslighting. I was even threatened by my manager "don't go to HR" while he was handing me a performance report. I was not engaged in protected activity and, therefore, can't go the legal route.
Hes right, never go to HR. Go to your lawyer. Do not alert the company anything is wrong until the very instant a lawsuit is on their doorstep.
I lost my job after 24 years. Bullied, Wrongful termination, discriminated, in kentucky
@@davidsettle8456I'm very sorry to hear that. I hope you find peace because it wasn't your fault. Some managers are just like that.
@irrationalpie3143 I have 20 days left to file a workerscomp retaliation, discrimination within the courts and don't know how to file it and what needs to be filed in it. I'm not giving up No man deserves to be treated the way I was. I have all the evidence to back it up
@@davidsettle8456ALL Southern states operate on a “RIGHT-TO-WORK” basis, which really means you HAVE NO RIGHTS.
I love❤ how described the law. I have a " Termination " but letter said " Gross Misconduct " they accused me stole a jean with out evidence, they a video carried trash bags looks pair jeans. I didn’t dump. Working for 13 yrs , no complaints about my job, no write up, always time, overtime they need me 60 hrs every week, sat & Sunday. HR & DPS chief ( ex State police) are defamation me. Union try to get back my job . I have meetings until 1/3/24 see what happened, College don't report 2 suicide to News they coverup, HR & DPS chief don't want to hear it, nobody Questioned???? Mr. Can I get my job back or Sue? Thank you
how good is the case if i got another employee who was actually there ; as a witness?
How much time do I have to file a civil suit against my employer for wrongful termination that took place in a federal government building in Washington DC
So I work at Berry Global. A female coo worker was upset she was being moved to my line of operation. She then out of no where started telling me it was not her job. Not her mess.
All I replied was I said nothing to you.
She then went off and got in my face and threaten me with bodily harm. I then created space by reaching my hands out to creat distance.
She then attacked me and all I did was get low to defend my self from her attacks.
I then reported to Hr. And was terminated due to work place violence.
And when I walked out from HR, even the manager was shocked, and said this was uncalled for the doctors went and spoke for me, and said she did not deserve this. Even my coworkers were like that is not right, just because they wanna terminate the other party they shouldn’t of terminated you, so when you hear your own managers, your own coworkers, the doctors you work for, no it’s wrong but you had to leave. It ruined me from the inside.
Mr. Robertson, your videos educate and inform us of the discrimination against those of us who have been harmed, but what about the lawyers who either do not know this or who are perpetrators of the same discrimination as our employers as gatekeepers. In my situation, even according to AI's ChatGPT, my attorney failed to protect my legal interest and went even further by using coercive tactics, telling a judge that I threatened her (OUT OF THIN AIR) just five days before my trial. This gave her a reason to leave me without representation five days before my civil trial. Thankfully, [or NOT] the judge gave me a five-month continuance to "bleed out slowly" since I could not/ have not found new counsel. I have been seriously psychologically wounded by this experience. Where is justice?
The Dual Roles of Attorneys
1. Gatekeepers: Lawyers often act as gatekeepers to the legal system. They possess the specialized knowledge needed to navigate complex legal procedures. However, as gatekeepers, they can either facilitate or obstruct one's access to justice.
2. Advocates: In an ideal world, every attorney would also be a committed advocate for their client, zealously representing their interests. Unfortunately, as you've experienced, this is not always the case.
The Ethical Paradox
There's an ethical paradox when the same entities designed to aid in the pursuit of justice end up perpetuating injustice.
1. Incompetence: Some lawyers may not be adequately informed or skilled to handle specific cases, including discrimination cases.
2. Unethical Behavior: Other lawyers, alarmingly, may exploit their clients for various reasons-financial gain, reputation management, or avoiding complicated or 'losing' cases.
I'm sorry to hear this. I don't know much about malpractice. There are lawyers out there who enforce the rules of professional responsibility and they would be a better resource than me. Look up "malpractice lawyer" on Google in your state and maybe you can find someone who has knowledge on your matter.
Thank you. @@braniganrobertsonlaw
I got fired during the pandemic for not returning to work properly after an injury even though I followed all of the post leave procedures.
The previous manager did not inform HR of my intent to return when I spoke to him after having surgery.
Lost the position I was trying to protect and all of my FMLA hours.
Same thing here!! They let me go while I was still in the hospital. I’m currently in litigation.
@@LourdesS I hope you win!!!
@@BePositiveMindsetSame to you 🙏🏽
What about the behavior issues that can be associated with MS???
9:41 this is very helpful
Mr. Robertson, Your thoughts - A coworker and I BOTH called the whistleblower hotline and reported repeated verbal harassment and intimidation - harassment we had reported to our boss numerous times prior. The boss called her and left a voice mail telling her how sorry he was and how that behavior was not to be tolerated and he/HR were investigating the matter. I was fired. I am 13 years older than her (57). Am I correct that I have a "protected activity" (no retaliation for calling WB Hotline - which is repeatedly stated in our employee handbook) AND a "discriminatory reason" (age)? Thank you very much.
Truly appreciate your content. You may very well hear from me soon. I feel like im being setup to get fired for lack of performance at my work, as well as discrimination. Im doing my best to document everything i can.
Are you in California?
@@Nayo68 yes
I don’t know if this will be seen I hope so. If a coworker is charged with S crimes against someone under the age of 18 but not found guilty yet. Do I or women have to work with him? Or is he even allowed to come back to work? I do security in Long Beach California
so I have a question..... I was one day absent from work. and got terminated because I had to respond to a legal matter. what do I do?
What if the employer said they were going to suspended so u said you quit.. can I still file a lawsuit
What about an offer being rescended with incorrect information on background check?
So I can be fired for no reason without cause after working there for years. With no hearing or explanation?
What if I get wrongful terminated by the company system that does stuff automatically (Amazon) mind you the system hasn’t been working for 3-4 weeks, but still terminated me due time being in negative . When it wasn’t suppose to be .. got fixed by my hr and still the system went thru an terminated me
Ok so if a manager or supervisor asks/tell you to work late and then tell you to cut your overtime and if you refuse they threaten a disciplinary action or termination isn't that retaliation?
What if I sighed a contract for a six months probation period and the company never complied with the agreement
I have a question. So I was a Airbnb cleaner and boss will send everybody to different cleanings and pay on cash app at the end of the day. Basically he fired me for always being late but didn’t say anything to the person that did no call no shows over 10 times. She did it on a daily basis and he haven’t once said anything to her but fired me. Isn’t that illegal? Can I sue him for that? Doing no call no shows over 10 times is way worst than being late. I feel like it was favoritism going on and that’s not fair.
Hi Branigan, could you maybe make a video about dealing employment laws for businesses in Sovereign land? I know California has Native run casinos out there.
I'm not the right guy to make a video on that. I don't have any knowledge on it. Reservations have different rules entirely.
My father and I worked at a truck shop doing suspension, him for 16 years and myself for almost 5.
The shop itself is in shambles. They wouldn't repair the heat in the winter, and the bathrooms were another level of disgusting. Some of the spring guys would have to burn rubber bushings all the time because it's cheaper than getting the proper parts, I could go on and on.
I am a quiet man, but my father is not and expressed his frustrations multiple times. Recently, he and the foreman had a disagreement. Not only was my father let go for not being a pushover, but I was also.
I don't care about the money or the job, I just want justice and for that place to be outted as the shady, slimy place that it is.
Does this sound worth pursuing? I have never dealt with anything like this.
Hey man I have an issue with my job right now I get evaluations every quarter of the year and for some reason my job says I’m not meeting expectations but when I speak with them in the work area they tell me good job upper management have been distant lately also I’m thinking that they want me gone
I need a Wrongful Termination and Discrimination lawyer in the state of Missouri
Hi I had a simple question. My boss informed me that it was brought up to his attention about a inappropriate conversation I had with another employee
And if I had anything that I needed to tell him? When I asked what was that conversation about he told me that he can’t get into detail about that.. all that was going to happen was they will noted down and move on…
Don’t I. Have the right to know what this was about?
I am currently seeing a lawyer for wrongful termination and he's going to settle with the company first I went through so much bullying and harassment as soon as I reported to HR I was looking at a performance improvement plan and then we did a mediation and shortly afterwards was fired I'll get them back my lawyer said it's not a matter of how but how much!
One thing I’ve been curious about whenever a company has to pay out a settlement. Does the person in the company that cause the liability get terminated?
Great question
What if you work for the head of HR and fired off ideas he made up in his head and no one on my team or his team will rebuttal for fear of their own job on line…. Who do I turn to?
I need help I open doored Walmart manger and they having people record me to try to fire me and not sure what to do. I am in The USA Walmart
Mr. Robertson, I would ask if you know of any advice you could give about wrongful termination in a “RIGHT-TO-WORK” state?
My mother worked in 6-figure, salaried position and was about 2 years away from retirement. A subordinate filed a false complaint against her (the allegations were ridiculous, too, even alleging PHYSICAL threats), and they (LabCorp) fired her to avoid paying her retirement benefits. She was able cash her 401K, so she’ll PROBABLY be okay, but it shouldn’t have happened in the first place. No one EVER complained about her before this 1 incident, and the accusations can be EASILY disproven. Assuming you can get honest interviews with past and former employees. But we all know underhanded employers can be when it comes to legal action.
Ok listen to your video.. I was wrongfully terminated for opposing a suspension by the company that stated I wasn’t authorized to work in United States after presenting a ‘state birth certificate and a state ID (Real ID compliant) So my question.. if you have ..DIRECT EVIDENCE of this it should be easy to win case right?
Can you do a video on non union employees rights for engaging in sympathy strikes?
what if my factory lawsuit is also against the law
What happens if you were
fired before you were able
to report your manager for harassment But there are other employees that have reported the same manager for harassment.And they also have a disability case due to stress and harassment for another employee. Do I have a case. No write up before I was let go
Ok but with me is was wrong termination by HR and they said they collected witnesses and the three witnesses denied of bieng asked??I was fired no no light reason and it was damaging to my mental health
Last month my employer engaged with me via voicemail on an unidentifiable phone number with my regional, my HR business partner as well as the LOA/ Accomodation team. They emailed me 30 minutes later saying I was being administratively terminated under ADA they did not need to give me LOA as a reasonabke accomodation due to me not "working on improving my medical condition to return to work with or without a reasonable accomodation. And the time of recovery was indefinite" they sent me a document. I emailed them back showing I was having surgery and my time was definite. They consulted with their legal team and accepted my reasonable accomodation. My reasonable accomodation might end soon depending on my DR.'s modified duties moving foward. I'm afraid they will try to dismiss me pretexually. Please help!😢
My question. If companies are equipped with gotcha and arbitration / other self serving clauses, how will the employee lawyers even make any money representing people in wrongful cases?
I was fired for pulling my firearm out when someone (who visibly had a knife on them) tried to threaten and fight me for using their trash cans (90 percent sure they were drunk) the police said I was within my rights especially since o didn’t raise it and only brandished it to prevent bodily harm. But I was fired because apparently the guy works for the people who are underneath the bar I worked (it was a second story bar in a ollllldddd building) would that count as wrongful?
I have called about 100 lawyers since December of last year when I was wrongly terminated from my job. There was not one lawyer at would help. I really need help, please I need help.
Get in line, they all want hundreds of dollars just to hear the basics. Maybe 30 minutes to 1 hr = 3-600 dollars... just to explain the case.
I have a slam dunk win, it drives me crazy to pay them to take a case they will win ... and take more money from the win.
@@smc4606 I do not care of they don’t take more money. I want justice for what happened to me.
I understand your pain. Most of the lawyers I speak to literally want a 100 other people with the exact same situation so they can have class action lawsuit. It is crazy that you do not matter.
@@yas8109 I literally just gave up. I have no idea where to go and who to call.
My manager terminated me for missing work because I had a miscarriage and the miscarriage took longer then usual, I had complications that made me not attend work. I provided them with doctors notes and they said that it wasn’t enough.
😮wth?!! And so sorry to hear about everything❤️
What? Sue him he said fire u for that
Say your employer steals your commission wage and gives it to another employee that is actually off. Would you consider that stolen wages?
Can you break down things those of us doing grunt work of HR can protect ourselves as well? We are also at risk of HR coming for us, only it’s in our everyday regular interactions. Even with supervisors, they are often HR first and will not hesitate to use that against you
As someone trying to file a wrongful termination lawsuit in Michigan, do I need a lawyer of can I file this shit myself.
What if you’re fired for poor performance but you have a 98% pass rate with QC but your employer still saying your performance is poor because QC isn’t doing their job.
Is the company required to give a reason for termination ?
No.
I was earning 50K a year. I'm feeling distraught, depressed, anxiety...you name it.
Mr. Robertson, talk to your audience about what a😮😮 potential employer can do to you "if you are employed less than 3 months". That NEW employees have NO RIGHTS! That's what happened to me. Physically hit in the head with a folder to the point that another associate had to catch my fall and had two witnesses. Sorry, NO write-up, never late, was doing an outstanding job - just set up. Tell them the truth Robertson!
Oh, by the way - thanks Bank of America (yes, I am being sarcastic).
hello I have experienced employment discrimination at work can you help
Call an employment lawyer in your state. You can call my office if you're in California.
Is it wrongful for an employee to fire you because others were stealing on the Job too much and you lose your job because of coworkers stealing but it has nothing to do with you. I never stole and I was never written up and they never had problems with me. I do cleaning I work for a cleaning company I worked at a bank marketing stock building now I'm out of a job with no real income.
i have some questions my wife was wrongfully terminated for speaking up she worked for a senior living center and the old seniors with dementia and alzhiemers and they are not being taken care of she has went into work and she has had to clean up seniors that can not take care of themselfs and the managers will leave them sitting in ther own fesces and urine for 7 and 8 hours untill she got to work because the managers are lazy and dont care about these residents now soon as she spoke up about it they started treating my wife terible now we dont know what to do we have a family and bills ??
I would love to take a polygraph test, and challenge them to do the same. Are polygraph tests allowed ?
My Fast Is food chain gave me the wrong date for a staff meeting Then when I showed up the day afterwards they suspended me Before these events happened on their busiest day they sent me home and said that I wasn't in trouble But after my suspension I was fired because they said I couldn't take the meeting seriously There was signs everywhere and I should have known the time they said but it was clear I had a reading disability Do I have a case? 7 other people missed the meeting but I was the only one that got fired
Maybe. Call a lawyer in your state. If you're in CA, you can call my office.
My employer tells all employees, mainly management, to not put anything in writing. Why have a paper trail? Pretty scammy. They fire people who are on workers comp.
That sounds pretty shady....
So i have a current fmla and i think wrongful termination case. My question is simple: what if they dont ever respond to being served
Do you mean "what happens when they don't respond to being served with a lawsuit?" They you get a default judgment against them and take their assets using the sheriff. But unless they are bankrupt, they always respond.
Can a person be fired in the state of Georgia, for just uttering the words workman's comp in Georgia during a brief conversation? All the attorneys I talk to in Georgia can't help me for some reason. Georgia, is an at will state BUT something doesn't feel right about it because it's not on the job point system as a procedure to take and or grounds use for termination. They just terminate without warning.
at will... they do not care about you... it's getting ridiculous cause people will stop working under these conditions.
I wish you were an Arizona lawyer, I can't get a call back
I filled a Complaint against management and witness abuse of power plus told them to look at all the cameras.. which includes inside trucks.. FedEx ground erased those every day.
That's crazy.
They retaliated beyond norm that I traveled to Dallas Texas and did a police report. Then I was driven off the road in Louisiana@@braniganrobertsonlaw
What if your boss is sleeping with one of the employees and I’m being discriminated against because I also like that employee?
I was in the hospital for 3 days I let them know from the first day I missed what do y'all think
This is far easier when the employer fires you and explicitly states it was for a protected activity. So long as your lawyer isn't an idiot (as I have had); even a bad lawyer can win when the employer is worse.
I was fired the day after I was injured for something they said was theif of time, but never showed me