Legal Question in Employment Law in California

What is wrongful termination? I was terminated under the pretense that I was accepting a gift from a customer but the employer really fired me for stealing in the paper work. They told unemployment I stole when in fact I never did, and they never arrested me. Do I have a case?


Asked on 6/14/11, 10:45 pm

2 Answers from Attorneys

Isi Mataele 'Isi Mataele Attorney at Law

I don't know if you have a case for wrongful termination because most employees are at will. You have a case for unemployment saying you were not fired for cause.

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Answered on 6/15/11, 11:49 am
Terry A. Nelson Nelson & Lawless

No. Even IF you could prove they absolutely knew you were completely innocent of anything, you still don't have a 'wrongful termination' claim of any value. Slander, maybe, if they told that story to prospective employers. Sounds like they gave you a break initially by not writing it up as theft, but withdrew the 'break' when you applied for EDD. If you could prove they completely fabricated their opposition to your unemployment would you have a chance at winning that claim. You claiming your innocence is not proof. Mere suspicion of theft is grounds for termination for misconduct. Termination for misconduct is grounds for denial of EDD.

Not only are there no laws against 'unfair treatment' or poor management, but in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice. The employee's goal should be to keep the employer happy and make the company money. That�s how they pay your wages.

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Answered on 6/15/11, 12:18 pm


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