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  • Wrongful Termination, Real Estate Salesperson California

    Over the last 8 months, I incurred a bad vehicle for vehicle trade deal with the husband of my employing Real Estate Broker. To make a long story short, I believe I have plenty of evidence that would substantiate my wrongful termination yesterday from my employing Real Estate Broker. I believe I can prove in court that my Broker's decision was based on her intent to retaliate against me because of the foul and unresolved deal that occurred between me and her husband. I also believe I can prove in court that the hubby owes me about $1,500, which he will not pay. The issue between me and the hubby remains unresolved. My two property listings with Seller/Clients now become the rights of the Broker. Do I have a case against my past employing Broker? The local Board of Realtors won't even refund a prorated share of my Realtor/MLS dues that are paid through 2012. I'm not in a very good mood about that either.

  • #2
    What LAW do you think was violated by your termination? Keep in mind that not all or even most of what the average Joe or Josie considers to be "retaliation" is actually illegal. "Retaliation" against you because of a bad deal with your husband is NOT illegal.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      NOT Wrongful Termination?

      Originally posted by cbg View Post
      What LAW do you think was violated by your termination? Keep in mind that not all or even most of what the average Joe or Josie considers to be "retaliation" is actually illegal. "Retaliation" against you because of a bad deal with your husband is NOT illegal.
      So it's okay to retaliate and fire me because she doesn't like what transpired between me and her hubby on a matter unrelated to my and her business efforts with respect to my Real Estate Salesperson activities? If that is legal, then wouldn't firing someone because of their political views be lawful as well? How about firing someone because they are a friend of someone who the employer does not like? What happens now if somebody comes along and buys a property that I originally procured as a listing? Is it okay for her to take all the commission and leave me in the dust? Wow, what an opportunity for Real Estate Brokers across the Country, they can fire their agents at any time for almost anything they don't like and take control of all their clients and all their listed properties. Hmmmm.

      Would appreciate more opinions, please.
      Last edited by Bionicman; 03-17-2012, 09:25 AM.

      Comment


      • #4
        Okay, here's another opinion. Unless your boss fired you for a reason protected by law, you're SOL. Perhaps you should bone up a bit on the laws regarding your profession so you make better decisions next time. Oh, and it's really best to keep your professional and personal life separate. Had you done that, this problem would have been avoided.
        I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

        Comment


        • #5
          So what bad decision did I make? Was it wrong for me to NOT allow her hubby to take advantage of me on a deal unrelated to R E? What if I beat him in court and prove that he screwed me over on the vehicle trade? How can I keep my professional and personal life separate when she originated the interest in my personal vehicle being something the hubby would like and need? In addition, I could not get any form of coop from the hubby at all to resolve the issues and eventually she became involved. He wouldn't communicate at all! I know the general business laws regarding my profession quite well given I've been in the business for many years with about 250 escrows behind me. However, I don't typically spend a lot of time on understanding the laws with respect to termination. If I were someone who got fired often or if I were an attornery, I suppose I would have spent more time on that area of law.

          Comment


          • #6
            Hey, hold on. I asked you a question and instead of answering it, you went out on a rampage.

            I ask again, because your post is in no way clear as to the facts of what actually happened - what law do you think your employer violated? Please note: I am not saying no law was violated. I am ASKING you what law was.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment


            • #7
              I am not sure I want to respond because you (the OP) seem to be in a "shoot the messenger" frame of mind. However,
              - Most terminations are in fact legal under employment at will. There are exceptions but those exceptions are far from automatic or common. And so far nothing you have said indicates that one of the exceptions apply. If you key word search "employment at will" and "wrongful termination" you will find a huge number of articles, all of which will say exactly the same thing as the two I am citing. This is very basic Employment Law 101 stuff.
              http://en.wikipedia.org/wiki/At-will
              http://employeeissues.com/wrongful_termination.htm
              - Unrelated to the "wrongful termination" issue, you seem to have a possible unpaid compensation issue. Is there any chance you can dial the rant down a few notches and address that issue only in a non-termination context? Also, assume that no one on this website is expert in real estate specific jargon. Spell out exactly what wages you think are owed? And why? CA is a good state to presue an unpaid wages claim, if that is indeed what you are talking about.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

              Comment


              • #8
                Originally posted by cbg View Post
                Hey, hold on. I asked you a question and instead of answering it, you went out on a rampage.

                I ask again, because your post is in no way clear as to the facts of what actually happened - what law do you think your employer violated? Please note: I am not saying no law was violated. I am ASKING you what law was.
                I don't know what law my emplying Broker may have violated, that is why I decided to begin talking about it on this forum. Just seems that it should not be lawful to fire someone for a reason unrelated to their employment as a form of retaliation in behalf of their spouse.

                My apologies to you if I made it appear that I'm on a rampage against you or others on the forum.

                Comment


                • #9
                  Based SOLELY on the exceedingly few facts you have chosen to share with us, you may have been fired unfairly but you were not fired wrongfully (illegally).

                  Google, at-will employment. Or read DAW's links.

                  Other than that, I don't know what to tell you.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                  Comment


                  • #10
                    Originally posted by DAW View Post
                    I am not sure I want to respond because you (the OP) seem to be in a "shoot the messenger" frame of mind. However,
                    - Most terminations are in fact legal under employment at will. There are exceptions but those exceptions are far from automatic or common. And so far nothing you have said indicates that one of the exceptions apply. If you key word search "employment at will" and "wrongful termination" you will find a huge number of articles, all of which will say exactly the same thing as the two I am citing. This is very basic Employment Law 101 stuff.
                    http://en.wikipedia.org/wiki/At-will
                    http://employeeissues.com/wrongful_termination.htm
                    - Unrelated to the "wrongful termination" issue, you seem to have a possible unpaid compensation issue. Is there any chance you can dial the rant down a few notches and address that issue only in a non-termination context? Also, assume that no one on this website is expert in real estate specific jargon. Spell out exactly what wages you think are owed? And why? CA is a good state to presue an unpaid wages claim, if that is indeed what you are talking about.
                    There are no wages or commissions due to me. Do realize though that my clients of my "listed" properties are now no longer mine. I don't even have the right to speak to them at this point. They revert to the Broker who canned me. If someone buys any of those properties under those listing agreements, I get nothing.

                    As for unpaid compensation with respect to my Broker's hubby, I believe the specifics are irrelevant to the issue of possible "wrongful termination" from my Broker. I will deal with the hubby and that issue separately. However, do realize, it is the reason for my getting fired. Please know that I have never been fired in my life until now.

                    Comment


                    • #11
                      Originally posted by cbg View Post
                      Based SOLELY on the exceedingly few facts you have chosen to share with us, you may have been fired unfairly but you were not fired wrongfully (illegally).

                      Google, at-will employment. Or read DAW's links.

                      Other than that, I don't know what to tell you.
                      Yes, these two items do not favor my situation very well. Quite amazing.
                      http://en.wikipedia.org/wiki/At-will
                      http://employeeissues.com/wrongful_termination.htm
                      DAW, thanks for the links. Though I will do some more research.

                      Comment


                      • #12
                        1. Doing business with your boss's hubby probably wasn't the best decision.
                        2. "Do realize though that my clients of my "listed" properties are now no longer mine. I don't even have the right to speak to them at this point. They revert to the Broker who canned me. If someone buys any of those properties under those listing agreements, I get nothing.". Was this in the contract you signed with the Broker? Or, is it mandated by law? It's pretty typical of a lot of commission paid jobs, unfair as it is.
                        I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

                        Comment


                        • #13
                          Originally posted by Alice Dodd View Post
                          1. Doing business with your boss's hubby probably wasn't the best decision.
                          2. "Do realize though that my clients of my "listed" properties are now no longer mine. I don't even have the right to speak to them at this point. They revert to the Broker who canned me. If someone buys any of those properties under those listing agreements, I get nothing.". Was this in the contract you signed with the Broker? Or, is it mandated by law? It's pretty typical of a lot of commission paid jobs, unfair as it is.
                          By law, they are the Broker's as soon as I contracted with them. Soon as I got fired, I got cut out completely. Only thing I can do is wait until the listings run out, then call the people and try to get them to relist their properties with me (the guy that just got fired) under another brokerage, assuming they may still own their properties. One thing I should mention is that I was and still am one of her clients. One of my listings was with me, with my own property. Technically, I am her client now. What a mess eh? More of a sticky situation for her though. Hmmmmm.
                          Last edited by Bionicman; 03-18-2012, 11:45 AM.

                          Comment


                          • #14
                            Originally posted by Bionicman View Post
                            So it's okay to retaliate and fire me because she doesn't like what transpired between me and her hubby on a matter unrelated to my and her business efforts with respect to my Real Estate Salesperson activities? If that is legal, then wouldn't firing someone because of their political views be lawful as well? How about firing someone because they are a friend of someone who the employer does not like? What happens now if somebody comes along and buys a property that I originally procured as a listing? Is it okay for her to take all the commission and leave me in the dust? Wow, what an opportunity for Real Estate Brokers across the Country, they can fire their agents at any time for almost anything they don't like and take control of all their clients and all their listed properties. Hmmmm.

                            Would appreciate more opinions, please.
                            It would be legal (in any type of business) to be fired if you are friends with someone your employer doesn't like.

                            Comment


                            • #15
                              Originally posted by Bionicman View Post
                              So it's okay to retaliate and fire me because she doesn't like what transpired between me and her hubby on a matter unrelated to my and her business efforts with respect to my Real Estate Salesperson activities? If that is legal, then wouldn't firing someone because of their political views be lawful as well? How about firing someone because they are a friend of someone who the employer does not like? What happens now if somebody comes along and buys a property that I originally procured as a listing? Is it okay for her to take all the commission and leave me in the dust? Wow, what an opportunity for Real Estate Brokers across the Country, they can fire their agents at any time for almost anything they don't like and take control of all their clients and all their listed properties. Hmmmm.

                              Would appreciate more opinions, please.
                              All of those things are legal in the private sector. It is not limited to real estate brokers or agents.

                              Any claim you have against the husband for the vehicle is totally unrelated to your employment.
                              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                              Comment

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