Does being fired due to false accusations constitute wrongful termination?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does being fired due to false accusations constitute wrongful termination?
I was accused of illegal activity at work by ajealous co-worker. The accusation is totaly false but they terminated me anyway. They cannot prove anything happened because it did not. They are totaly going by what this employee is saying. He is jealous that I had become his supervisor only after 5 months and he has been there for 1 1/2 years. Now his job is safe because he is a whisle blower. These accusations are 100% wrong and it is not fair for me to be terminated due to hearsay. I had an excellent evaluation less than 3 weeks earlier. They cannot prove his lies. Is this a wrong firing?
Asked on September 29, 2010 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unfortunately, if you do not have a contract, you may be fired at any time, for any reason--even an incorrect reason or for no reason at all. Therefore, if you were fired because of accusations made by a coworker, that is still legal, because you could have been fired for no better reason, for example, than your boss woke up angy and decided to make himself feel better by firing someone. Without an employment contract, there's no protectable right to a job. (Note that if there is a contract, including a union agreement, that would be different; any relevant terms would have to be honored.)
You may have a defamation cause of action against you coworker. If he made a false statement of fact (so not an opion; it must be factual accusation, and one that is false) to a third party (such as management) and that statement damaged your reputation and/or made people not want to work with you, you may be able to sue him. If you believe this is the case, you might consult with an attorney about whether you do have a claim and what it might be worth. 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.