Wrongful Termination - Add Assault Charge

June 26, 2013, 5:30PM. By Jane Mundy

Hollister, CADave believes he was wrongfully terminated, shortly after he was harassed and physically assaulted by the owner of the company.

“I worked two years as the back counter parts guy for a truck parts company,” says Dave. “It was my job to supply all the needed parts and outside service required for big rigs. I worked in a little box; the working conditions were not great but I did the best I could. I was never late for work, there was never any disciplinary action, and I did a good job.

“This is the first incident: I was punching out at the time clock at the end of the day and the owner was standing nearby. I told him that I forgot to punch out for lunch. (My co-workers were present.) ‘You ain’t worth a shit,’ he said. I thought, whatever, maybe he was kidding.

“Next up was the physical altercation. A material similar to kitty litter is used as an absorbent to pick up spills in the shop. We were running low so I ordered more. The owner confronted me by grabbing my arm and then he tried to drag me over to the container containing this stuff to show me that I had gotten the wrong grade (it comes in fine, medium and coarse). I pulled away and said, ‘Don’t put your hands on me,’ and I also said, ‘You don’t have the right to do that and don’t do it again.’ At this point we were standing face to face. He then shoved me in the chest. After he did that I had an immediate reaction I was going to defend myself. But I didn’t. Instead I walked away and that was pretty much the end of that.

“Several days later, he came over to where I was working and said he needed something; he stood over me and was just being a dick. It was very uncomfortable trying to work. And the name-dropping was endless, he called me stupid little nick-names. For example, I ordered filters for a truck and one was incorrect. I was outside on my break and he called me ‘Filter Man,’ just to throw a jab at me. Another time he called me ‘Blank head.’ ”

Dave endured harassment from the owner and working in a hostile environment from June 2012, until May of this year. It reached a boiling point when Dave got into a minor disagreement with the service manager: some situations are unavoidable when you work in close quarters.

“We just blew off a little steam and at the time it was no big deal,” Dave explains. “I had the start of a migraine and said I was going home, I left two hours early. I get migraines now and again so I called in sick the next day. Over the phone, I was told that my services were no longer required. I asked for a letter of termination. I went to work the next day to get my last check and letter, which simply said, ‘Dave no longer works at commercial truck company.’ Period. No reason for my termination. I asked for an explanation but the manager said, ‘Your service is no longer needed,’ that’s all he wrote.

“I believe I have been wrongfully terminated. To add salt to the wound, I was one of the lowest-paid workers there. I think the problems with me and the owner stemmed from how I stood up for myself.” Dave could also charge the owner with assault.

“I don’t know if I have a claim but this has really put a hardship on me; it is hard to find a job at 56 years old,” Dave says. “Emotionally, I am totally wiped out.

“I am collecting unemployment insurance but I have a wife (who works part-time) and three kids to support (trying to get them through college), and a mortgage. I’d sure like to make this guy pay something. Someone else I know worked there and quit, due to all the verbal abuse. I can provide many character witnesses, and a few saw the physical altercation. All of them said they would back me up, even though they are afraid of retaliation.”

The California labor board doesn’t tolerate harassment, particularly when it reaches physical assault. As well, a hostile Work Place and Wrongful Termination is in violation of the California labor code.