Anaheim, CA asked in Civil Rights, Employment Law and Libel & Slander for California

Q: Can I sue HR for claiming I lied in an investigation, leading to my termination?

I want to know if I can sue HR for saying that I lied during an HR investigation. I have proof that my incident report matches my colleague's, but HR claimed otherwise and said my report was coerced. This resulted in both my colleague and I being terminated. I tried explaining my side, but the higher HR wouldn't listen, and this has happened before. I suspect I've been blacklisted by the company. I'm considering legal grounds like defamation or harassment. Is there a case here?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: You may have grounds for legal action based on wrongful termination, especially if you have concrete evidence that contradicts HR's claims about you lying. Document everything thoroughly, including the matching incident reports, communications with HR, and any witness statements that support your position. Preserve all emails, text messages, and performance reviews that paint a different picture than what HR alleged.

Employment laws vary widely by state, and the specifics of your situation matter greatly. The fact that "higher HR" refused to hear your side could potentially strengthen a claim of unfair process. Legal claims might include wrongful termination, defamation (if HR made false statements about you to others), or even discrimination if you believe you were targeted for a protected characteristic.

Consider consulting with an employment attorney who can review your specific circumstances and advise you on the strength of your case. Many offer free initial consultations and might take cases on contingency if they believe you have a strong position. Time is important here - there are often strict deadlines for filing employment claims, so reaching out to legal counsel soon would be wise.

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