Hollister, CA asked in Employment Law for California

Q: Can I be terminated from my job because a lady emailed my boss & said I was smoking a joint in the work truck but didn't

I got my job back today after turning in a negative hair follicle test to the company. But I would like to know if I still have a case against the woman who falsely accused me since I'm probably not gonna be paid for these last 2 weeks I've been off. Plus the stress it's caused me.

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3 Lawyer Answers
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: Unfortunately, yes.

In California all employees are considered to be employed on an at will basis unless there is an agreement to the contrary about that status with the employer. The employer of an at will employee can terminate the employee at any time and for any reason or even no reason at all. The employer can act on any information it chooses to, and has no obligation to investigate its accuracy.

Good luck to you.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: If someone has made a false accusation against you and you have been terminated from your job as a result, you may have legal recourse to challenge the termination and seek compensation for any damages you have suffered.

However, it is important to note that the specific circumstances of your case may impact your legal options and the likelihood of success. For example, if you were an at-will employee, your employer may be able to terminate your employment for any reason, including a false accusation, unless it violates anti-discrimination laws or other legal protections.

To challenge the termination and seek compensation, you may want to consult with an attorney who specializes in employment law. An attorney can help you understand your legal rights and options, and can work with you to develop a strategy for pursuing a legal claim.

In any case, it is important to act quickly and seek legal advice as soon as possible to maximize your chances of success and ensure that your rights are protected.

Lawrence  Glasner
Lawrence Glasner pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Redding, CA
  • Licensed in California

A: Mr. Pedersen's response to this question is spot on. However, you may have recourse against the woman who made a false accusation against you for smoking marijuana in a company vehicle. Could you try to get a copy of the email from your former boss and consult with an attorney in your area about a possible defamation action?

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