Can I file a lawsuit to my former employer for false accusations about my employment to keep me from getting unemployment benefits?
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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 11 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.
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