Q: Was this a wrongful dismissal. Do I have a case?

I was fired because of a video I posted of a me pressing buttons on a vending machine on my lunch and my boss accused me of stealing she also has fired several other people I know for the exact same reason.... when I have never stolen anything from her but she just keeps saying it and when i went to ask for my police check the next day she got mad at me for coming back there called me trailer trash and more.

Later that day my partner called her and mentioned how I was a perfect employee and he got upset with her .. she basically told him she was going to slander me now if any other workplaces call her. If I take her to court will I win

2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: Sorry, but likely no.

In California you are considered to be an at will employee unless you have an agreement to the contrary about that status. As such your employer can terminate you for any reason or even no reason at all. Your employer had the right to terminate you because he thought you were stealing, or even if he didn't think you were stealing. You were not entitled to any warnings, and your employer did not have to gather any proof of his suspicions.

Being rude, like calling you trailer trash, is not going to give you a viable claim either. Getting upset with your partner for calling is also not actionable.

Good luck to you.

Louis George Fazzi
Louis George Fazzi
Answered
  • Employment Law Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: I disagree with Mr. Pedersen's analysis. Even though you are most likely an "at will" employee, basically you were accused of theft and fired summarily for that reason (unless I'm missing part of your story). Threatening then to tell a prospective employer that you were fired for stealing, unless she has pretty solid proof that you were in fact stealing, indicates an intention to defame you to prospective employers. Should she do that at some point in the future, then you may have a solid case for defamation against not only her but also your former employer as well.

One thing you can do right now is file a claim for unemployment compensation, and make sure you go to the hearing. Before the hearing takes place, notify the hearing officer that you demand the employer produce all records which substantiate the alleged reasons for your firing, including your personnel file. The employer has to prove that you engaged in willfull misconduct in order to deny you unemployment benefits. You have to force the employer to make that showing to the unemployment department, and if they don't or can't prove the reason for your firing, then you will know that the firing was bs. You can use the unemployment claim process to get some free discovery from your employer to learn exactly what the employer has to justify your firing. If you are successful in getting your unemployment benefits, even if you have to appeal an initial denial of your claim, you will gain a lot of knowledge and evidence of what was truly going on with your employer and your boss. There's a lot of stuff you can lean in this process, which you can later take to a good employment lawyer to help you determine whether you have a case or not. I think you should fight for your rights, and encourage you to do so, especially if you begin to suffer real out of pocket damages resulting from your firing. Copy my comments and save them for your future reference.

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