Q: If your employer fires you for something you are accused of, without proof you did anything wrong, can you sue?
I worked for a major hospital as a security officer. During this time a very violent juvenile patient came in, and we had to take physical measures to stop her from hurting staff. After the situation was resolved, I received several complaints against me from medical staff claiming I used excessive force against the patient. An investigation was done, and my boss informed me I was cleared from any wrong doing after a few days, and the childrens division of the government also cleared me after reviewing footage. Fast forward a total of a month I was suspended, but somehow still being paid. I was then informed I had been terminated around thanksgiving for “gross misconduct” (based solely hearsay by several medical staff members) although I was cleared by the investigation team and DCFS. Do I have a case to sue for wrongful termination? Nursing staff has reported me and other coworkers without finding several times due to personal feelings.
A: Unless you are a union employee, you are an at will employee, and as such can be fired at any time and for any reason, or even no reason at all. Accordingly, what you describe is not a wrongful termination. I recognize that to most laypeople the term wrongful termination would apply to any case where an employee is terminated based on incorrect information. But the term “wrongful termination” is a legal term of art which means the person was either terminated as a result of illegal discrimination or in retaliation for asserting a legal right or being a whistleblower (reporting the employer to the authorities for illegal conduct).
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