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Wrongful termination

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It is not unusual for a former employee to bring a wrongful termination claim not because the termination was illegal, but simply because their employment was terminated, or the employee feels that he or she was not treated fairly. We  assist at every step. We  provide our  clients with approaches and strategies for handling discipline leading to termination, the termination, and any post-termination action.

When claims are made, we  move strategically towards the desired objective. Possible avenues include severance agreements, other pre-lawsuit resolutions, taking action in a lawsuit to drive case value down, or an aggressive defense. We  excel at case analysis and careful preparation. Our  attorneys have successfully obtained early wins by demurrer and summary judgment. We  provide value in every case through depositions, in multiple ways. Conducted strategically and purposefully, depositions can reduce case value, increase leverage, and/or provide strong outside-the-box defenses. When necessary, we  provide our  skills and experience in jury and court trials, and administrative hearings.

CASE STUDY

Rescuing Cases from Weak Positions

The administrator at a skilled nursing facility filed a wrongful termination lawsuit against her former employer. The facility’s desired objective was to eliminate the distraction of the lawsuit so it could proceed unhindered with multiple positive initiatives underway. When Mr. Hudock took over the case from another attorney, the administrator had already been deposed, and the deposition did not yield the multiple potential defenses he readily identified. Further deposition was needed to establish these defenses, but the general rule is that parties can be deposed only once. 

 Mr. Hudock was able to reopen the deposition, and in deposing the plaintiff, he established the defenses that would have otherwise been lost. The case resolved shortly after this at a fraction of the previously existing demand, and the facility could proceed unhindered with expansions of the facility and its services. The distraction of the lawsuit was eliminated.

CASE STUDY

Lawsuit by Former General Manager Averted, Unemployment Claims Denied

The new president of a large homeowners’ association noticed entrenched, problematic issues with the association’s longtime general manager–serious enough to warrant potential termination.

Mr. Hudock worked with the association board to develop an approach of placing the manager on leave and informing her the association would investigate the issues that the board identified.

The manager hired an attorney and claimed she was going to quit but claim constructive termination, saying she had no choice but to resign because of intolerable work conditions. She threatened to file a lawsuit for wrongful termination. Mr. Hudock quickly refuted her claims with her attorney, and the manager dropped the matter and resigned without further ado.

When the manager filed for unemployment. Mr. Hudock was able to persuade the EDD that her claim was inappropriate, and she was denied state unemployment benefits—a rarity with unemployment claims.

“It was apparent from the beginning that Rob had a unique combination of skills and attributes that we needed for a favorable outcome. He clearly stands out as a great choice.”

–Eric Wolf, President, Bell Canyon Board of Directors and Entrepreneur