Can I be fired based on reasons that are untrue. My supervisors word against Mine but I have a witness to an incident he claims never occured.

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Can I be fired based on reasons that are untrue. My supervisors word against Mine but I have a witness to an incident he claims never occured.

I was fired based on the claim of insubordination. My supervisor says he told me I was out of hours and knowing that I continued to work. But HE NEVER DID. My phone records can prove it. The other incident is because I failed to call out Of a meeting or talk to that same supervisor, but I did. Face to face. I had a coworker that saw this happen! And he claims he doesn’t remeber. Just. As he remembers a conversation that never occured!!

Asked on June 10, 2009 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unless there is a contract (either individual or collective, such as a union contract), private employers can let people go for any legal reason or no reason at all. (The "legal reason" comment refers to the fact that employers can't discriminate against someone on the bases of race, gender, age, etc. If you think you've been discriminated against, *if* you can prove it, you might have a claim.)

On the other hand, if your company normally gives severance or some other benefit to terminated employees as long as they have not been terminated "for cause," then if your employer is claiming insubordination to deprive you of the benefit, you may be able to sue--companies can't lie to deprive people of the benefits that are normally part of their employment. However, if that's the case and you choose to press the action, note that proving you were not insubordinate may be difficult and potentially costly (if you need to retain an attorney). If you are being deprived of some sort of severance, you'd have to decide whether economically, it's worth pressing the matter.

However, if you're not being discriminated against, and you're not be deprived of some sort of benefit terminated employees normally get, then your employer can fire you for the wrong reason, since they could have fired you for no reason at all.


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