Legal Question in Employment Law in California

Accused of stealing & lying

I was recently fired from a teaching job I had held for three and one half years at a post secondary school . The new director that had been there 3 months was fired himself 10 days after he fired me. When I went for my unemployment I was denied even that. I am fighting for that now but I want to charge the school with defammation of character because he accused me of stealing equipment and lying to him. Was I wrongly terminated?


Asked on 8/28/06, 9:05 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Accused of stealing & lying

You haven't presented any facts to enable an attorney to offer an opinion as to whether you were wrongfully fired. First, we must determine whether you were terminable at the will of the employer. If so, we need to know what reason you were terminated, what was the real reason, whether the real reason was an unlawful one and, if so, whether there is evidence to prove it.

All of this must be addressed before an attorney can offer an opinion.

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Answered on 8/31/06, 4:25 pm
Terry A. Nelson Nelson & Lawless

Re: Accused of stealing & lying

If you had a written contract, its terms define your rights. Without a contract in a private school not covered by the Education Code, you are an 'at will' employee, subject to firing any time for any reason. Suspicion of theft and lying would clearly be a reason to to fire, that you would have to overcome and show a pretext.

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Answered on 8/31/06, 7:27 pm


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