Biloxi, MS asked in Employment Law for California

Q: I feel i was wrongfully terminated

I feel i was wrongfully terminated from my work establishment for having alleged relations with a coworker

my spouse whom I am divorcing called my boss and accused me of having relations with a married coworker despite having no evidence. This in turn cost me my job and my coworker was able to keep his job. This is in California

Related Topics:
1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: The termination might be unfair, or based on untrue facts, or motivated by a jealous or angry ex, but none of those things make the termination unlawful. Wrongful termination only occurs when the termination can be proved to be done in violation of fundamental and long-standing public policy. That usually means the termination was motivated by your membership in a protected class of people or because you engaged in some form of legally protected conduct. Neither of those situations appear to apply to you here.

Unfortunately in California you are considered to be an at will employee unless you have an agreement to the contrary about that status with your employer. The employer of an at will employee can terminate that employee for any reason or even no reason at all as long as the reason is one of the illegal motives just described. Your employer is allowed to act based on any information it receives, and it has no duty to investigate the truth of the allegations made to it. It is certainly not unlawful for an employer to terminate an employee who it believes is having an affair with a co-worker, as that situation can often result in ugly and expensive sexual harassment claims.

Good luck to you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.