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Wrongful Termination, Real Estate Salesperson California

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  • #16
    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?
    Perfectly legal.

    So what bad decision did I make?
    Perhaps once your boss got involved in your dispute, she spotted behavior or something else going on that she found unprofessional and didn't want it to be associated with her agency.

    What if I beat him in court and prove that he screwed me over on the vehicle trade?
    Not sure how a judge will handle it, but you are welcome to take him to court and find out.

    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?
    I feel it is unethical of her to pursue a deal with an employee, since being in a position of authority over you, you may not be able to say no or look out for your own best interests, financially. To a total stranger, I can stand firm on my price, tell them "buyer beware, do your homework", etc. To my boss, I might feel pressured to do the deal, to discount it if asked, or provide a free and easy recourse for fixing it if problems came up later on. If the deal does go bad, with a stranger they're long gone or they have the court system to haggle it out. With a boss, I would not want those hard feelings in the workplace, possibly affecting my livelihood and my professional reputation. So I would not sell to my boss. Most bosses, once hearing that argument, might understand that ultimately they are harming an employee financially or imposing on them, and would back away. Hope that makes sense.

    Technically, I am her client now.
    I believe you can notify your Broker that you are no longer in need of her services.

    Hope that helps. Good luck to you.


    • #17
      Just to keep the record straight, there are two states (plus some situations in the District of Columbia) where firing someone for their political views is NOT legal. One of the two states in question is the OP's.

      JJ's answer with regards to firing someone for their policital views would be correctl in 48 states.
      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.


      • #18
        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. Even if that's why you were terminated, that's not in the least bit prohibited by any laws.

        I also believe I can prove in court that the hubby owes me about $1,500, which he will not pay. Then you should sue him in small claims court.

        Do I have a case against my past employing Broker? No. Firing you for a private transaction that got ugly is not illegal.


        • #19
          What if I felt uder duress to make the deal with the hubby because the wife/broker/employer was my employer and began the initial interest in the vehicle deal for the benefit of the hubby?


          • #20
            I'm sorry, I'm not an HR expert (family and immigration law is much more my thing), but even I can see that you're truly reaching here.

            What you describe is not duress, legally speaking.


            • #21
              Agree with Dogmatique - doesn't change anything. Sorry.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.


              • #22
                Originally posted by Bionicman View Post
                What if I felt uder duress to make the deal with the hubby because the wife/broker/employer was my employer and began the initial interest in the vehicle deal for the benefit of the hubby?
                Duress? Unless they held a gun to your head or your child hostage, you weren't under duress. You chose to enter into the deal for the vehicle.


                • #23
                  Even if you were under duress with the husband to trade the car, that has no bearing on your employment. The two are legally separate.
                  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.