Q: Do I have a case for wrongful termination after being fired due to false allegations without evidence?
I was fired two weeks ago from my job after false sexual harassment allegations were made against me by a fellow employee whom I had previously written up due to attendance issues. When terminated, I was not told who I allegedly harassed, what I supposedly did, or which policies I violated. Additionally, there were claims that I intentionally damaged a desk; however, I went back to fix it after realizing it was a latch issue. No investigation was conducted, no witnesses or evidence were presented, and my side of the story was not heard. I was an at-will employee without any warnings, performance reviews, or evaluations over my two-year tenure. Do I have a case for wrongful termination?
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- California
- (916) 704-3009
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- Answered
A:
In California, at-will employment means an employer can terminate an employee for almost any reason, except for unlawful ones. However, wrongful termination occurs if you were fired based on discrimination, retaliation, or a violation of public policy. If your termination was due to false allegations without any investigation or evidence, you might have a claim, especially if it was retaliatory for disciplining a coworker.
Since you were not informed of the accusations, denied a chance to defend yourself, and no investigation was conducted, it raises concerns about fairness and potential wrongful termination. If the false allegations were used as a pretext to fire you for an unlawful reason—such as retaliation for writing up the other employee—you may have grounds to challenge your termination. Retaliation is illegal under California labor laws, particularly if it relates to enforcing workplace policies or reporting misconduct.
To explore your options, you may want to gather any documentation related to your employment, including emails, performance records, and the write-up you issued. Witness statements or any communication regarding your termination could also be helpful. Speaking with an employment attorney could provide more clarity on whether your rights were violated and what legal steps you can take next.
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