What to do if I got fired because one of my co-workers put his hands on me and choked me while on the job?

One of my managers saw and reported him. My co-workers got fired and decided to sue because they didn’t do anything to me. The company didn’t want to deal with it so they decided to fire me instead. What can I do? Is this fair?

Asked on January 14, 2013 under Employment Labor Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Given what you have written about you seemingly were retaliated by your employer resulting in your firing which appears to be illegal under the laws of all states in this country. I suggest that you consult with a labor law attorney and/or a representative with your local department of labor to see what your legal recourse and options are.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is not fair; but unfortunately,  unless  you had an employment contract which would have prevented your termination in this case, it is legal. Without a contract, you were an employee at will; an employee at will may be fired at any time, for any reason--including that someone else is suing the employer.


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