Can I sue for being falsely accused and then fired without proof of my ‘actions’?

UPDATED: Sep 30, 2022

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Can I sue for being falsely accused and then fired without proof of my ‘actions’?

I have been employed at my job for about 3 years now and can not lose my job now due to having a baby on the way. We recently received a new manager at my work that has never been in fast food management before and seems to dislike my co-workers along with me because I’m supposed to be moving into his position. I was standing outside with a co-worker at night while he smoked a cigarette and waiting on my fiance to pick me up from a long day at work and was accused of smoking marijuana while on the job which is a false accusation. I would never put my job at risk knowing that I have a family on the way in the next month or so, what do I do? They are talking about maybe firing him and me at work tomorrow and they cant even prove that I was smoking marijuana although I was not, because there is not camera’s outside. I feel like this should not be happening after all the work I’ve put into this job.

Asked on October 3, 2016 under Employment Labor Law, Indiana


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Would your termination violate the terms of any existing employment contract or union/collective bargaining agreement? Would it constitute some for of legally actionable discrimination or retaliation (which you did not indicate to be the case)? If not, then you are an "at will" worker. This means that you can be fired due to this allegation, or for any reason or no reason at all, with or without notice.

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 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.

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