I was wrongfully terminated in retaliation for threatening to, and subsequently following through with filing complaints against the company...

Question

I was wrongfully terminated in retaliation for threatening to, and subsequently following through with filing complaints against the company. I was the Director of Operations and the Drug Counseling Supervisor. To operate a livery company in the State of California the company must have a license issued by the Public Utilities Commission (PUC). One of the requirements for the PUC license is that the company maintain on site an individual who has taken the approved test as a drug supervisor. I took the test and was issued the certificate. When I was terminated, the owner photo shopped the certificate and put his name on it, but the independent testing company's records show that I was the only one who ever logged in and took the test. Labor Law states that for retaliation an employee shall be reinstated in the position they were terminated from and paid all back wages from the time of termination up to the present. My salary was $2,500 per week; I was terminated on May 7, 2014 and the company continued to operate under my drug Supervisor certification up until the present and continues now. My question is two-pronged: First, since they are still operating under my certification even though they fired me, do I have a valid claim to my salary of $2,500 per week since May 7, 2014 aside from the fact that Labor Law provides for reinstatement and backpay of wages from the date of wrongful termination? And second, when I filed my Labor claim for non-payment of wages, they changed the name of the company in August of 2014, but they are still operating under the original PUC License that was issued to the company's original name which I helped to build. So is the employment agreement I have that is signed by the owner which states I am to be paid 10% of monthly Net company profits "In Perpetuity" whether I continue to work for the company or not, valid and enforceable even though they changed the name of the company in an attempt to not pay me? The company is bringing in approximately $300,000 every month currently, and is growing. I know it may be a little convoluted, but would this be a cause of action in a Breach of Contract or other type of lawsuit in court? Thank you for any input you might provide.

Answer

Dismissal for retaliation of certain acts can indeed constitute a wrongful termination of employment, with a variety of remedies. It is unclear, however, why any employee would ever want re-instatement, given the unpleasant working environment that would undoubtedly exist,

Without reviewing your contract and the other facts surrounding the change of company name, it is not possible to advise you on your wage claim. Given the complexity of the situation, this may be one of the rare wage claims that is better pursued in the courts than before the labor commissioner. It seems clear to me that the discovery issues needed to pursue the claim will require the services of skilled counsel.

It appears that you have sufficient facts in your favor that a consultation with an attorney about bringing a lawsuit is in order. You should start looking for an attorney now, before the procedural aspects of your case become even more complicated.