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Wrongful Termination
updated: Sep 17, 2012, 3:26 PM

I need to initiate a wrongful termination action, and would appreciate (thanks in advance!) any well-grounded referrals, or warnings to avoid. Just the name, and whether pro or con, is sufficient.

Places People Are Talking About:

Janean Acevedo Daniels

Jim Cordes

What People Are Saying:

COMMENT 321132	2012-09-17 03:34 PM
If you work in a profession that is closely-knit in Santa Barbara, think long and hard before you file unless you are sure you will win. Other employers will be very wary of hiring you once you have filed suit.
COMMENT 321134	2012-09-17 03:36 PM
Wrongful termination? Why? Did your employer have cause? Just because you were terminated, does not mean it was wrongful.
COMMENT 321137	2012-09-17 03:41 PM
cela.org
COMMENT 321139	2012-09-17 03:41 PM
Anticoni (or something like that) in El Paseo specialize in representig the employee in work issues.
COMMENT 321141	2012-09-17 03:42 PM
Prentice & Maho are really good.
COMMENT 321142	2012-09-17 03:44 PM
Also, it will depend whether you were an "at-will" employee. If so, the employer needs no reason at all to terminate employment. That is, of course, as long as it was not for discriminatory reasons.
COMMENT 321143	2012-09-17 03:45 PM
Most employers hire at-will, which means it is unlikely any/many workers in this town have adequate grounds for wrongful termination. County Bar Assn has a list of lawyers who offer half hour free consultation. You might want to see if you meet any possible criteria for wrongful termination with one of them specializing in employment law. Unfortunately, "it's just not fair" are not sufficient legal grounds. You will need a lot more than that and a heck of a lot more in specific written contract promises to make your case. Workplace harassment, whistle-blower statutes, or sexual/racial/age discrimination and other job discrimination grounds might make a better case if you lost your job, but those too are clearly limited by statute. Call the County Bar Assn for a referral. And don't take legal advice from the internet blogs, ever. Use them only it for preliminary information gathering. Period. You are on your own.
COMMENT 321144	2012-09-17 03:47 PM
O'Hara & Duris, 805 963-2224. They have long experience in employment cases and provide free initial consultation.
COMMENT 321146	2012-09-17 03:50 PM
COMPLETE MESSAGE FROM ORIGINAL POSTER (OP): I need to initiate a wrongful termination action, and would appreciateany well-grounded referrals, or warnings to avoid. Just the name, and whether pro or con, is sufficient. You needn't expend time providing contact information. Just (1) the name, and (2) whether pro or con, is sufficient, though feel free to elaborate if so inclined. This should ONLY be attorneys who specialize in labor law. I've ruled out using Bruce Anticouni or his firm (due to a personal issue, not because of competence concerns). Since I'm leaning towards Henry J Bongiovi, due to a positive experience years ago, cons on him would actually be most helpful (as long as they don't discourage pros ;-) ). Thanks in advance.
ROB EGENOLF	2012-09-17 03:56 PM
Stick with Henry Bongiovi if he will agree to take your case. He is a bright, insightful, professional, and well respected attorney and also just a very good human being.
COMMENT 321152	2012-09-17 04:21 PM
My sister filed (and won) a wrongful termination. She has had zero "luck" in getting another job. She is educated, experienced and capable - she fully believes it's her court case that is preventing her from further employment. I guess it's public information.
COMMENT 321159P	2012-09-17 04:38 PM
Employers (including employment law attorneys) do not want to hire someone that is going to be a pain in the butt.
COMMENT 321160	2012-09-17 04:41 PM
I do background checks on any potential new employee for our firm. If they have any history of employment litigation, we pass. We have been sued twice for 'wrongful termination'. Each time we prevailed, but it was damn expensive each time. Bongiovi is a great attorney.
COMMENT 321163	2012-09-17 04:46 PM
Anyone who has the word 'bong' in his name gets my vote. Go with him!!!
COMMENT 321167	2012-09-17 04:56 PM
Good luck. You're gonna need it. Unless you're in a protected class and were fired because of that distinction, at-will employees can be fired at any time for any reason. An at-will employee can be fired because it's Tuesday. Works the other way, too. You can quit at any time for any reason. "I was a perfect employee with excellent reviews from my supervisors and no complaints of any kind from coworkers or customers" doesn't mean a thing.
COMMENT 321169	2012-09-17 04:58 PM
ORIGINAL POSTER (OP) here: 321132, 321142, 321143, 321152, 321159P, 321160 et al: I appreciate any sincere attempts to be helpful, but in addition to being capable of doing my own research, I'm sufficiently knowledgeable in California employment law and the possible negative consequences of standing up for my rights against an employer who ignores its legal obligations that I have no need for general advice, which is why I didn't ask for any, either in the post itself, or in my complete message posted at 2012-09-17 03:50 PM. Thanks in advance for any concise response pertinent to my referral request.
COMMENT 321170	2012-09-17 04:59 PM
Janean Acevedo Daniels.
COMMENT 321173	2012-09-17 05:05 PM
OP- then do your own research of local attorneys. Just trying to help.
COMMENT 321176	2012-09-17 05:10 PM
If it's truly a wrongful term case, I mean truly, then go for it!!! I see too many employer abuses in this town. Don't let the fear of not getting hired stop you because the fact of the matter is, any employer worth their salt who does not abuse its employees will not let that be a deterrance and if they find out about it would give you the benefit of the doubt to ask you about it first. There are ways to protect yourself against WT cases as an employer - it's called documentation - and also being smart up front in the interview process (like, checking references which so few do and doing some research into the person). I had a candidate interview with us, and a quick google search revealed a recent DUI for prescrip meds - and we passed. Most people are just to lazy to check up front then complain later. I heard Janean Acevedo Daniels was really good. But I don't know firsthand. Good luck!
COMMENT 321177P	2012-09-17 05:10 PM
If you hire Bongiovi watch Thr bottom line. He took a case for me for 30% then nickel and dimed my for extras. I ended up taking home about 20% of the mediation award.
COMMENT 321185	2012-09-17 05:21 PM
Sounds like your second go around here. Hmmm... OP said "Since I'm leaning towards Henry J Bongiovi, due to a positive experience years ago, cons on him would actually be most helpful (as long as they don't discourage pros ;-) ). "
ROB EGENOLF	2012-09-17 05:22 PM
Janean Acevedo Daniels is also a very good choice
COMMENT 321191	2012-09-17 05:26 PM
Reading the words typed, and the tone delivered, I suspect it was justified termination, or maybe a wrongful hire. You might consider accepting that, forego adding to the frivilous litigation problem we have, and moving on.
COMMENT 321196P	2012-09-17 05:38 PM
OP-you sound a hell of alot smarter than anyone here. Why not just represent yourself?
COMMENT 321198	2012-09-17 05:38 PM
Bong Jovi right on.
COMMENT 321207	2012-09-17 06:04 PM
Henry Bongiovi. If you have a real case, he'll prevail. If not, he won't take it. Although I only had two meetings with him (my case was not strong enough for him to take), his billings were completely fair.
COMMENT 321208	2012-09-17 06:09 PM
I can help you win an unemployment hearing, I have won three out of three.
COMMENT 321214	2012-09-17 06:22 PM
Employers get away with too much. The negative comments here are from Santa Barbara business owners or people in managment and are sheep for the firm. It's obvious.
COMMENT 321215	2012-09-17 06:23 PM
OP, then why post?
COMMENT 321217	2012-09-17 06:30 PM
OP - I appreciate the way you posed your question - you were specific and on point - this forum is a tough room. I have worked with Bongiovi before - he's a good man - I wish you well on your case and thanks for keeping the specifics private - wise choice.
COMMENT 321226	2012-09-17 06:47 PM
OP here 321185 wrote: "Sounds like your second go around here." Your sentence isn't sufficiently clear or complete to conclusively determine its meaning. If your intention was to communicate that you suspect that at least once in the past I've successfully stood up for my rights against an employer who violated California labor laws, then you are correct. That case concluded successfully in 2002 with a five-figure settlement out of mediation. __________________ 321196P wrote: "OP-you sound a hell of alot smarter than anyone here. Why not just represent yourself?" 321196P: If you substitute "most commenters" for "anyone", your first sentence becomes the answer to the question posed by your second sentence. Smart commenters: Thanks for the very helpful responses.
COMMENT 321228	2012-09-17 06:50 PM
OP, Best of luck. Truly. Because from your attitude here, I can see why you are in this situation. Witty reply...
J S	2012-09-17 07:12 PM
OP here 321208 wrote: "I can help you win an unemployment hearing, I have won three out of three." I really appreciate your offer — and my numbers happen to be exactly the same as yours. The California Department of Industrial Relations, Division of Labor Standards Enforcement (commonly referred to as "the labor board", and located at 411 E Canon Perdido St) has been extremely professional and competent for me more than once. I initiated the successful action referred to 2012-09-17 0647 PM with them, then went on to a private attorney on contingency (i.e. my cost for both was zero). But you are probably aware that, depending on the circumstances of the case, it can be a tactical mistake to start with the labor board. That is the situation with this current problem. __________________ 321217 wrote: "I appreciate…." "…this forum is a tough room… " Regarding the first excerpt: thanks; regarding the second: agreed; though obviously I'm enjoying that aspect, it's probably too time-consuming to continue interacting with the "tough", as you perhaps too generously refer to them.
COMMENT 321237	2012-09-17 07:44 PM
I have a current case with my employer, the City Of Santa Barbara and am using Erin Parks. Let me just say that they are brutal, retaliatory, vicious and heartless. If you work for the City---do not raise safety concerns, lack of safety procedures and training, or concerns about workplace hostility, harassment, disgusting and violent behavior by supervisors and co-workers....most especially how hundreds of thousands of dollars are spent in such behavior in my department....even if you have a spotless employment record....they play nasty hardball... they don't want their nice image spoiled and they will crush you if you let them. I believe you can file a complaint with DEFH along with a "right to sue" so that they do not investigate themselves and have your attorney in charge. I have read your posts and the comments and it is clear that you are a thoughtful person and have good reasons for your concerns and I wish you the best, and justification and validation with the outcome.
COMMENT 321246	2012-09-17 07:57 PM
You sound angry, OP. Maybe you should cool off for a few days before you grab a lawyer. A couple of nights rest and you may change you mind about a lawsuit.
COMMENT 321247	2012-09-17 07:57 PM
Interesting what rights public employees demand compared to those in private industry who are more likely to just walk away and hope for something better somewhere else. We have created two different societies - the public workers (entitlement society) and the private workers (appreciation society).
COMMENT 321251P	2012-09-17 08:06 PM
321247 - do you have any statistics on that, or is just pie-in-the-sky political gibberish? How do explain underpaid teachers taking money out of their own pockets to help students?
COMMENT 321253P	2012-09-17 08:07 PM
The results of many wrongful termination lawsuits are that you win the battle, but lose the war. Unless it is worth a lot of your time, energy, and money, is it really worth it? The focus on the past, the negativity, the retribution sought (unless you are selflessly trying to prevent them from doing this to others, and honestly think this might persuade them of the error of their ways) -- they wear you out. Often, a wiser choice is to move on from a bad situation, and apply the time and energy you would have spent on the lawsuit to doing well elsewhere. That's the choice most fired adults take, because the real costs of the lawsuit just aren't worth the gains that result. Otherwise, a couple of the big bureaucratic employers in this town (UCSB, the City...) would have 2 or 3 full-time attorneys defending themselves daily... YMMV.
COMMENT 321256	2012-09-17 08:14 PM
Just name the employer here - it would give us something more to talk about.
COMMENT 321262	2012-09-17 08:24 PM
Wrongful termination is a hard one to win and hopefully while you're filing the suit you also have another job lined up because if there is a case, it may take years to get anywhere, especially in a town like SB.
COMMENT 321280P	2012-09-17 09:08 PM
I wonder how one is "wrongfully" terminated 4 times. Won 3 out of 3 and now it has happened again. I know of someone who won a case for back uncompensated overtime when they were really working their side business after hours. My point: just because one prevails does not mean one is correct.
J S	2012-09-17 10:04 PM
OP here CONCLUSION TO PREVIOUS LONG COMMENT [the tab to the comment conclusion doesn't work for me, so I've reproduced it below] If, due to a reading comprehension problem, you need assistance with that passage as well: often I initiate an action on behalf of a co-worker *** who is being abused by an employer who is clearly violating the laws of the state of California. *** Or, in instances that involve safety or health violations, which have been either critical or essential in all of my actions, on behalf of ALL co-workers, i.e. as a community service, per the sentiment expressed by at least one other commenter elsewhere on this thread.
J S	2012-09-17 10:28 PM
OP here 321176: Your comment — as well as concerns posted by others — about an employer checking references prompted a suggestion for job seekers I meant to include as part of my response directed to you, but forgot. Employer violations of the law relevant to providing a reference to another employer for a current or former employee seeking a job have been sufficiently numerous to create a small industry of reference check services. These inexpensive services professionally replicate an employer calling another employer for a reference check on a prospective employee, and provide a detailed report from which that job seeker can conclusively determine whether he or she is being treated properly and legally by a current or former employer.
COMMENT 321326	2012-09-18 01:40 AM
OP Have you heard of the Kelly case?
J S	2012-09-18 07:03 AM
OP here SILLYME: No, and the results from a search of 'Kelly case' weren't sufficiently narrow for me to conclusively determine what you're referring to. I bookmarked the Wikipedia entry for Goldberg v Kelly, the 1970 US Supreme Court case, and will look at it when I get a chance, unless you indicate you're referring to a different case.
COMMENT 321382P	2012-09-18 08:30 AM
I'm starting to think this person is nothing more than a troll, or perhaps just a garden variety DB. Obviously, you're enjoying what you see as your oh-so-witty ripostes and put-downs. The question in this subject thread has now been asked and answered. Time for you to move on, maybe belittle people elsewhere.
FANGIRL	2012-09-18 08:36 AM
Jim Cordes is the best!
J S	2012-09-18 08:46 AM
OP here 321382P wrote: "The question in this subject thread has now been asked and answered." The statement above represents a fundamental misunderstanding of the original post, which is dissimilar to a simple question that can be "asked and answered." As this thread is now 17 hours old, and there has not been a new referral posted in 13 hours, I doubt there will be additional. Nevertheless, as an Edhat community member I believe I have the right to check the thread occasionally as I see fit, and answer any comments clearly directed to me so long as my answers don't violate the community guidelines.
J S	2012-09-18 09:00 AM
OP here 321256 wrote: ?"Just name the employer here - it would give us something more to talk about." The sole purpose of my post, clearly stated, is to seek referrals.
COMMENT 321449P	2012-09-18 10:10 AM
OP has proven in this discourse why s/he should never be anyone's employee. Obviously this person should be the boss. Obviously the idea of listening politely and considering the goodwill intent of those being asked to help is not valid for this person. What a view into why this party was not valued as a coworker or employee.
COMMENT 321452	2012-09-18 10:27 AM
OP Ignore the pissants! Kelley I think is the spelling...Only precedent to a complainant who was not themselves a member of a "protected class" Which itself is a foolishness, is not "human being" a protected class? That signature case established the bar at ":severe and pervasive"... Kelley was just a few occurrences. Mine is not...it's 17years long and immensely and incontrovertibly documented. Lawyers love making money! Which works for both sides.. Sadly, as you know, many people get screwed by the system, which is enabled by the many suspicious name calling know-it-alls that snarked at your clarity and intelligence. They have clearly shown that they should never be anyone's employee, employer, or anything which requires the capability of analytic reason, patience, objectivity, conceptual analysis and all dat stuff! Hope you read this afore one of the Mrs. Grundy's grunts again...If not check the deleted files.

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