People subjected to a termination proceeding are often unsatisfied with their dismissal. Some are surprised to learn that they were fired despite performing their duties well. Frequently, they wonder if they were victims of wrongful termination, mainly when their discharge did not stem from poor performance or harmful behavior.
Some reasons for being dismissed are valid, while others are inappropriate. When an employee is fired for illegal reasons under the law, it is known as wrongful termination. If you unluckily experienced wrongful termination, you probably caught yourself asking this: can I sue my employer for firing me under false accusations in California? If you’re still to figure out if you were fired illegally, consider the following indicators of wrongful termination.
Violations of public policy
Have you attempted to register a complaint regarding illegal workplace activities such as sexual harassment or so-called policy violations? It is unlawful to fire an employee for filing a complaint regarding harassment or other work-related issues. Employers must not retaliate against employees who complain about them violating a public policy.
The same principle applies when you’re fired for being pregnant. Employees in some states are even protected from termination for very particular reasons. Some of these include serving on a tribunal and armed forces and engaging in activities such as volunteer work.
Defamation took place
Have you ever been slandered? Or were false claims made against you, and after all these accusations, you were fired? If any of these happened to you, you might have a case for wrongful termination.
Defamation is the act of tainting another person’s reputation by making false claims. Remember that you can seek compensation if the false accusation causes you to lose your employment or reputational damage.
If you feel you’re being discriminated against for your color, gender, race, religion, or disability, you might have a claim for wrongful termination. Remember that an employer can’t fire someone solely because of color, gender, ethnicity, religion, or disability. If a company only fires particular people in similar situations, there’s a good chance the termination is discriminatory. For instance, if white people are given warnings, but black people are fired without notice, there must be racial discrimination.
Can I sue my employer for firing me for false accusations?
You have the right to file an unfair dismissal claim if your employer fired you because of an improper cause or if they violated US labor laws. You can sue for defamation if your employer has made false claims against you and these lies harmed your reputation.
How do I file a lawsuit against my employer if fired due to false accusations?
You do have the right to file a civil claim against your employer if they made a false accusation against you that caused you actual harm, like losing your job. You could start by filing a claim with the Equal Employment Opportunity Commission (EEOC). It’s a government agency that oversees and coordinates all federal regulations, policies, and procedures that affect equal employment opportunity. They receive and investigate complaints of discrimination in the workplace from both private and state employers.
On the other hand, an employment attorney is the best person to talk to about your legal alternatives if you’ve been falsely accused of something that has harmed your image and career.
What is the best way to prove wrongful termination?
In California, regardless of the type of wrongful termination lawsuit, the employee must find an experienced wrongful termination attorney to determine the best course of action. To win your case, you have to prove your claim is valid. You must show that your employer’s stated cause for dismissal was false and that a malicious motive prompted the same discharge.
In short, you need substantial evidence. Once your employer fires you, it’s vital to keep track of everything related to your termination. If you can carefully document everything as soon as possible, it would greatly aid your case. Employment law concerns can be highly distressing and can harm workplace productivity. It’s always a good idea to get help if you’re being harassed at work or have other job-related concerns.
You’ll need the help of a seasoned labor lawyer to plot your causes of action and fight your case in court. In that case, start looking for one.