Results 1 to 8 of 8

Thread: Damages California

  1. #1

    Default Damages California

    Hello,

    I would very much appreciate any insights, tactics (those that work and do not work) regarding demonstrating emotional distress damages in a wrongful termination case.

  2. #2
    Senior Member
    Join Date
    Jun 2009
    Location
    Merida, Mexico
    Posts
    1,022

    Default

    Can you please elaborate a bit? How were you wrongfully terminated? When did it happen? Where were you working (not the specific company but the type of industry) and what was your job there? How long did you work there before your employment was terminated? What was the nature of the emotional distress you suffered? What is your evidence of emotional distress? What did you do about said emotional distress? What is the extent the damages (financial, reputational etc.) you sustained as a result of the emotional distress? What has your attorney said about this?

    Thanks.

  3. #3
    Senior Member
    Join Date
    Jun 2009
    Location
    Merida, Mexico
    Posts
    1,022

    Default

    I have just looked your profile and note that you are en employment law attorney. Given your profession, I am more than a little surprised that you don't already know the answer to your question.

  4. #4
    Super Moderator
    Join Date
    May 2005
    Location
    Massachusetts
    Posts
    38,394

    Default

    Yeah, and she's about an inch and a half from being banned for spamming.

    Diana, if you want to advertise, contact the owners and pay the rates.
    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.

  5. #5
    Senior Member
    Join Date
    Jun 2009
    Location
    Merida, Mexico
    Posts
    1,022

    Default

    Quote Originally Posted by cbg View Post
    Yeah, and she's about an inch and a half from being banned for spamming.

    Diana, if you want to advertise, contact the owners and pay the rates.
    Like button.

  6. #6
    Super Moderator
    Join Date
    Apr 2007
    Location
    Il.(near STL,Mo.)
    Posts
    15,616

    Default

    I deleted link to attorney website from a post OP made in an old thread. I was thinking this thread here might be "seed" spam but thought could just keep an eye on OP.
    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.

  7. #7
    Super Moderator
    Join Date
    May 2005
    Location
    Massachusetts
    Posts
    38,394

    Default

    Agreed, Betty.
    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.

  8. #8
    Super Moderator
    Join Date
    Jun 2006
    Location
    California
    Posts
    12,741

    Default

    Interesting question, though. "Wrongful termination" per se is a limited concept under labor law. Most terminations are entirely legal under "employment at will" so there must be an actual law being violated for a "wrongful termination". I cannot say that there has never been a successful wrongful termination with a emotional distress element, but I also cannot say that there ever has been one. All things a labor law lawyer should know.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

Similar Threads

  1. Libel and damages California
    By DGray321 in forum Defamation, Slander and Libel
    Replies: 0
    Last Post: 09-10-2010, 11:17 AM
  2. California - Entitlement & Recoverable Damages
    By slickriq in forum Labor Laws
    Replies: 1
    Last Post: 12-14-2009, 06:49 PM
  3. Statement of Damages California California
    By replikat in forum California Court Law
    Replies: 4
    Last Post: 01-18-2007, 11:32 AM
  4. No parking sign|Responsible for damages? California
    By MikeJ in forum Accidents and Personal Injury Laws
    Replies: 0
    Last Post: 10-26-2006, 06:17 PM
  5. Replies: 1
    Last Post: 06-10-2005, 07:54 AM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •