Can I file a lawsuit to my former employer for false accusations about my employment to keep me from getting unemployment benefits?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I file a lawsuit to my former employer for false accusations about my employment to keep me from getting unemployment benefits?

My former manager had told the unemployment office that I completely walked off the job site and quit my job. And this is completely false as I remember specifically working my last scheduled shift. Then, I would try to reach them about my next schedule and I was told that i wasn’t on the schedule. But, they would call me and tell me I missed my shift. Two days after I was supposedly scheduled. So now Im being accused of job abandonment which is entirely false. I never received a notice of termination nor a final paycheck.

Asked on May 24, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Defamation is the knowing or at least reckless (with disregard for the consequences) making of an untrue statement of fact which damages another's reputation, causes others to not want to work with him or her, or otherwise damages that person. If your employer defamed you, including to the unemployment office, you may have a cause of action and could possibly sue. You would need to be able to prove the falsity of the statement(s) they made, since true statements are not defamation, even if harmful (and opinions are not defamation, either). If you think you may have been defamed, you should speak with a personal injury attorney. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption