Legal Question in Civil Litigation in California

About 2 1/2 years ago I was hired by a company as a part time, temporary employee. I know the person who hired me because she is a close friend of my mother. Recently, my wife told my mother that I was using drugs, methamphetamines to be specific. My mother then decided, without asking me if it was true, to tell her friend/my employer that I am a drug addict. My employer confronted me, and I told her the truth, that I never used or use any illegal drugs before or during the times I work on projects for the company. She took my word, but said I was under a shadow of doubt because of what my mother had told her. Since then, an employee from a subcontractor, told my boss that I had left the jobsite for an extended and unreasonable period of time. I had actually left the jobsite to purchase materials for the job, as I had been directed by my employer. My boss, however, never even asked me why I left the jobsite, and told me her trust in me was so far eroded that she could not send me back to that project anymore but would let me know if anything else comes up. She also made reference to the fact that due to excess miles on the company vehicle, it was hard to dismiss the fact that I was probably dealing with a drug problem. Is it legal for my mother to share this information with her friend/my employer when it could only have a negative effect on my job? I imajine my boss can pretty much employ me or not because I am a part time, temporary employee, but it seems like I was let go for unsubstantiated reasons. What does the law say based on what I have presented?


Asked on 10/25/11, 4:53 pm

2 Answers from Attorneys
Scott Jordan Jordan Law Office

Your mother has no duty to maintain a secret and can tell anyone she wants about you. However, if the drug use is not true, whether or not taken during work, your mother was spreading false information about you and you might have an actionable defamation/slander suit against your mother.

As for the employer's actions, California is an "At Will" state and it is very difficult to sue, especially with your set of facts, and prevail in a wrongful termination lawsuit.

Read more
Answered on 10/25/11, 5:10 pm
Terry A. Nelson Nelson & Lawless

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, unless it is based upon illegal discrimination, harassment or retaliation as defined under the ADA [disability], Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], FMLA [medical leave], Whistle-blower, or similar statutes. Any employee's goal should be to keep their supervisors happy and make them look good to the company, and make the company money. That�s how the company pays employee wages. If you don't, then don't be surprised to be replaced. Now if the firing was illegal under those definitions, feel free to contact me for the legal help you�ll need.

Read more
Answered on 10/25/11, 5:33 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California