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

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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

Answers:

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

Answered 5 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.


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