Thousand Oaks, CA asked in Employment Discrimination and Employment Law for California

Q: I was denied benefits from ui my employer claimed i was guilty of misconduct. I have one more appeal and i think i

need an attorney because I want to take this to the point of filing a wrongful termination lawsuit. I endured discrimination based on race and color and a hostile work enviornment. I communicated these problems I was having to my employer who denied and ignored my complaints and retaliated against me pushing me into situations to provoke and upset me and then use the pretext on insobourdination to terminate me.

1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: First, be sure to file your paperwork with the EDD regarding the denial of those benefits. There is a very short time limit to do so. Do not wait until you find an attorney to do that.

Second, it sounds like you are linking successfully appealing the UI benefits to making a claim for discrimination and wrongful termination. They are two separate things in two separate systems and one does not rely upon the other. In fact it is highly unlikely that a determination by the EDD would be admissible in any future superior court action.

It would be wise for you to locate and consult with an attorney, but this Q&A part of this site is not the place to ask an attorney to work with you. Rather, it is now your job to find attorneys who do this area of law and start making calls or sending emails to speak to one or more to find someone that you can work with and who is competent in this area of law. I would suggest you look either on this site or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law work offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

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