Employment Law Forum Of California

We receive many calls from business, employers and employees requesting we take a case. Prospective client intake calls sometimes involve listening to callers relate events that can best be described as humorous nonsense. Some calls are not humorous, but simply noteworthy, amusing or interesting.

The following are excerpts from records of actual telephone calls. The people calling were hoping we would take their case. We are not making up these stories!

Note: Unfortunately, it's typically employees, rather than business or employers, who call with the "more interesting" inquiries. Our intent is not to insult employees with these posts. All but one person on the planet have e-mailed us to say these pages caused them to laugh. [ROFL or LOL in Net lingo].

We say "most" because one time we did receive an e-mail [that's one e-mail since 1996] that labeled us as cold, heartless, and rude for poking fun herein. We e-mailed the person back, taunted him, and as much as we were looking forward to some entertaining debate, we never heard from him again . . . sigh.


Lawyer:	Hello.
Caller:	Yeah, I just got fired and I don't think it's right.
Lawyer:	What happened?
Caller:	I been working as a forklift driver for two months. My manager was rude, he talked down to me. He's just a little punk. He was so rude I felt like hitting him. [based on the caller's street thug tone, we sensed his workplace was pretty basic and that the caller was somewhat rough around the edges, to put it politely].
Lawyer:	Did you 'take him out back?' [meaning did he physically attack the manager. We were jokingly asking this question in his lingo, fully expecting him to say "no," he wouldn't hit his manager].
Caller:	Yeah, I took him out back. [he said this in an "of course" tone, as if this is a question all law offices ask, from "checklist" of acceptable behavior].
Lawyer:	Did you really take him out back? What happened?
Caller:	Well, I told him to meet me out back and when he met me out back I showed him a thing or two. [hmm . . . interesting that the manager did in fact accept this guy's challenge to meet him out back. Guess every workplace has different ways of operating.]
Lawyer:	Did you hurt him?
Caller:	Not too bad, but I took care of business, he won't be rude to me again.
Lawyer:	So after you beat up the manager, he fired you?
Caller:	Yeah.
Lawyer:	So you are wondering if after beating him up, did he have the right to fire you?
Caller:	Yeah.
Lawyer:	He probably did, but you should call around for a second opinion.
Caller:	Okay, thanks <click>

Lawyer:	Hello.
Caller:	I was overpaid by my employer last year and now they want the money back, do I have to give it back?
Lawyer:	How much were you overpaid for the year?
Caller:	Around $50,000.
Lawyer:	How much was your regular annual pay?
Caller:	$100,000 a year.
Lawyer:	How were you overpaid?
Caller:	I work on a commission and base salary. Each month I was overpaid because they miscalculated my base salary.
Lawyer:	How long have you worked there?
Caller:	23 years.
Lawyer:	Did you know at the beginning of each year what your base salary and commissions would average for the upcoming year?
Caller:	Oh yeah, after 23 years you know stuff like that.
Lawyer:	So you knew when you received the $50,000 in overpayments last year that you were being overpaid?
Caller:	Yeah, pretty hard not to notice $50,000, but if they made a mistake don't I get to keep the money?
Lawyer:	Their mistake does not get you off the hook to pay it back. What if you were underpaid by mistake, would tell the employer it's OK since it was a mistake?
Caller:	Well no, I sure would not let them off the hook if they underpaid me. In fact I would be knocking on the payroll office's door big time, asking for my correct pay.
Lawyer:	Are they demanding that the $50,000 be repaid immediately, in a lump sum?
Caller:	No, they know I don't have it, they will let me make payments. Sounds like the law is not on my side.
Lawyer:	Look at it this way. You make $100,000 a year and knowingly let the employer mistakenly overpay you $50,000 over the course of a year. Even if you had a case based on a technicality, which you don't, jurors who survive on social security or middle class incomes will not have much sympathy for you. Even if you didn't have a legal obligation to pay the money back, which you do, don't you think you have a moral obligation to repay the money?
Caller:	I guess so, was just hoping of a way out since I don't have the money to give back.
Lawyer:	You have a good paying job. Do you think your employer is going to be very happy if you don't give the money back?
Caller:	Well, I never thought of it that way, probably. I just thought maybe I didn't have to give it back because they made a mistake. I should pay it back.
Lawyer:	That's what I suggest.
Caller:	You are right. Thanks for your help.<click>


Lawyer:	Hello.
Caller:	Yeah, I've been fired and I am wondering if I have a case.
Lawyer:	What happened?
Caller:	The owners of the company said I stole money, but that's not true, I only borrowed it.
Lawyer:	What did you do?
Caller:	I worked at the desk and I would take the petty cash each month to buy groceries.
Lawyer:	How much did you take, and for how long?
Caller:	Not much, probably $100 each month for the past nine months.
Lawyer:	How long did you work there?
Caller:	Nine months.
Lawyer:	So you have been taking money each month you worked there, why do you think you have a case?
Caller:	Because I was going to put the money back and they didn't give me a chance to do that.
Lawyer:	Did you leave a written IOU from where you were taking the money?
Caller:	No.
Lawyer:	Did you tell anyone you were borrowing the money?
Caller:	No.
Lawyer:	Did your employer find out the money missing or did you come forward?
Caller:	They say they caught me, but I was just about to start putting it back.
Lawyer:	How much of the $900 were you getting ready to put back?
Caller:	Well, I didn't have any money to start putting back, but I was thinking I better start putting it back.
Lawyer:	But you didn't tell anyone that, and your employer didn't believe that after they caught you?
Caller:	I didn't tell anyone, but I was thinking of telling them I was borrowing the money.
Lawyer:	You probably don't have much of a case, you should call another attorney for an opinion. Goodbye.
Caller:	Oh, bye. <click>

Lawyer:	This is Michael.
Caller:	Yes, I'm working at Burger King and the manager said I had to put down the meat faster or he was going to fire me. Can he do that?
Lawyer:	Well, are you putting down the meat too slow?
Caller:	Well, yeah, I could be a little faster.
Lawyer:	Then why don't you put down the meat a little faster.
Caller:	Put down the meat faster, huh?
Lawyer:	Yes.
Caller:	Oh, okay, I'll try that, thanks. <click>.