Encino, CA asked in Employment Discrimination for California

Q: I was tricked by my boss into signing a resignation letter without fully knowing the implications

This was my first time signing a resignation letter and I asked for 2 weeks and they let me go the same day.

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3 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Employment Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Sorry to hear you were tricked. You are obligated to abide by any agreement that you enter into. If you signed something, in most circumstances the Court will hold you to it even if you did not read it and even if it is printed in a language not native to you. (Courts uphold arbitration agreement in English signed by people that only speak Spanish) You are at the proverbial point of closing the barn door after the horses have all escaped. You really did not enter a question here. If you believe you have a fraud case against the employer, you should also be advised that fraud in this kind of situation is very difficult to prove. You should take all your paper work to an attorney for a consultation in order to make an informed decision.

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

A: You have not asked a question, so it is very difficult to know what you wish to learn, especially if your question relates to the implications you are referring to. It would be a good idea to perhaps re-post a question but provide some more help to us in understanding what it is you are concerned about.

Good luck to you.

Louis George Fazzi
Louis George Fazzi
Answered
  • Employment Law Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: You should immediately prepare a written statement which describes everything your boss said to you which got you to sign the resignation letter. Make sure you list everything s/he said to you that convinced you to sign it even if you were reluctant to do so. Then take that statement either to a lawyer who is familiar with employment issues and wrongful termination of employment, or to the state Labor Commissioner. You can get the information you need about the Labor Commissioner here: https://www.dir.ca.gov/dlse/dlse.html

The Labor Commissioner's job is to protect workers and to make sure they get paid what they are due. You don't need a lawyer if you ask the Labor Commissioner for assistance. Keep all your pay stubs and copy them and take them to the Labor Commissioner's office, or send them copies if you make a claim online. That is one place you can start yourself right away, without having to find and retain a lawyer.

I disagree with what Mr. Mandel says about fraud being too hard to prove. It's not that hard if you know what you are doing. Show me the resignation letter and your statement about how it went down, and I'll bet I can prove right out of your boss's mouth that everything you claim is true. Too bad I'm retired now, but I used to help people like you all the time, and I know there are other lawyers out there who do the same. Just look around for one, on the California Employment Lawyers Association website, or on the Los Angeles County Bar Association's lawyer referral service. If you honestly tell a compelling story, you can find the help you need.

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