California Labor Law: "On Valentine's Day, instead of a pink box, I got a Pink Slip!

Irvine, CA"I have been a victim of wrongful termination and age discrimination," says Brian Smith. The company he worked for has blatantly violated two California Labor Laws: age discrimination and wrongful termination and Smith is entitled to compensation. "On Valentine's Day, I was expecting chocolates!" says Smith.

Smith worked four years for MS SecureShread Inc., a US based subsidiary of an international company headquartered in Japan. He worked in California three years as a consultant and one year as a contracted employee. "I was talking to the bosses in January, just 30 days before my contract was due for renewal," says Smith. "They said, 'no worries, you will still have a job with us; you are top salesman, bar none.' But they lied to me.

"I turned down other offers and made living arrangements to stay here for another year (I had relocated from Hawaii) because just one month ago they said that I would still be employed.

I believe that the CEO wanted to get rid of me because there were some personality issues—I think he felt threatened by me. And he used the excuse that the Yen was rising against the US dollar, therefore they had to cut back and I was the first to go.

The younger staff that had recently been hired stayed on. He let go of me because I was older and I got paid more--I was paid salary plus commission. The junior staff were also on salary and commission but they got a few thousand less per year. I was getting ready to close one of the biggest deals this company ever had—it was their biggest order—and I believe that the CEO wanted to take over my clients.

Through the grapevine, one of the guys that introduced me to the company is going to make the bosses in Japan aware of my wrongful dismissal. (At this time, it wouldn't be appropriate for me to call the powers-that-be in Japan.) However, this is a US based subsidiary of the Japanese company and the jurisdiction where I worked is in California so the California labor law takes precedence.

I think that I am due compensation in the form of a severance package if I don't get my job back. Usually they are supposed to give two weeks notice. Instead I just got a slip of paper that said 'Your contract is terminated—see ya!' I just packed my personal belongings while the younger staff looked on in dismay—thinking they might go next. My co-workers were just as shocked as me when I was fired.

When I got my walking papers, I said, "What is this for, I haven't done anything wrong.' After all, I am the top salesperson. But the CEO and the VP just kept saying it was because of the Yen.

I went to the department of Labor's website and filled out a complaint form. Next up, I went to your site and found out more about the California Labor Law and am now seeking legal help.

I'm offended at how they handled this. It was behind the scenes and not professional. It was a cheap shot. They have two violations against them: age discrimination and wrongful termination."