Huntington Park, CA asked in Employment Law, Appeals / Appellate Law and Gov & Administrative Law for California

Q: If the available record cannot prove I did anything wrong, is it enough to prove my boss was wrong to fire me?

I was punished and fired because I was alleged for some wrongdoing. This case is under judicial review now.

My questions are:

1, Do I need to prove that I was innocent? Or I just need to point out that the available evidence in the administrative record cannot establish that I did anything wrong?

2, My former boss said the burden is on me to prove. Now the available evidence in the administrative record cannot prove that I did anything wrong. Is that enough? I mean, for example, if my boss fired me because I was convicted for a crime but the available evidence in the record cannot prove I was convicted, is this enough to prove that I was not convicted? If I need to prove that I am never convicted, especially after I was fired, I have to do discovery. But the administrative review is normally limited to the administrative record only. Do I need to do discovery?


1 Lawyer Answer
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: I am sorry but your question cannot be answered without more that needs to be known. You talk about an administrative record that suggests you may have been a government employee and you are going through a trial following administrative proceedings related to your termination, but there are other possibilities as well.

If you worked for a government entity, you have different rights than if you worked for a private employer. Public employees have certain due process rights in their job while private employees have no rights to their job, only the right to not be treated in a manner violative of certain protective statutes.

Either way, you are going to have the burden of proof to prove that you were terminated for an unlawful reason. The absence of proof of a reason will likely not be enough to carry the burden of proof.

If you have a case with value and merit, you should have an attorney to assist you. It would be a very good idea for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

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