What to do if I was terminated for job abandonment based on the testimony of my supervisor that I did not attempt to contact her or report for work for 30 days?

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What to do if I was terminated for job abandonment based on the testimony of my supervisor that I did not attempt to contact her or report for work for 30 days?

The allegations are false and I could prove it with my phone records, text messages and e-mails to her boss or boss’s boss and to corporate. How do I go about filing?

Asked on November 14, 2011 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you don't have an employment contract which protected or guaranteed your employment in some way, you probably do *not* have a cause of action for wrongful termination--that's because with a contract, you'd most likely be an employee at will, and employees at will may be fired at any time, for any reason, even incorrect or false ones.

However, if the supervisors made factual allegations or statements about you to other people (e.g. HR, other managers or executives, etc.) which are provably false and which damaged your reputation, you may have a cause of action for defamation.

It would be worthwhile for you to discuss the situation with an attorney.


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