Legal Question in Employment Law in California

defamation
after working for 10 yrs as supervisor for a school cafeteria I was asked to resign or be terminated. When I asked why this was happening I was told in certain words that I was a terrible employee. I choose resignation because I needed to go find work eventually. administration had a lot of false accusations and allegations against me that was the reason for the termination( so I was told). I have written documentation to repute this allegations. I was not given a chance to respond, I was given 3 days to decide, I asked and was given a very good letter of reference. according to this letter I am an excellent employee. I would like to know if I have any legal recourse, at the time I was in shock, because I did not see this coming. Now I am very upset. This happened in January 2000. I felt that it was wrongfull termination but I don't have any written proof. At this time I'm on workman's comp. from this school. I don't know how long I will be on work. comp. when I get of will I be eligiable for unemployment benifits

Asked on 6/16/00, 12:18 pm

Paul Crost Reich, Adell, Crost & Cvitan

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Re: defamation

Because you quit you will not be able to collect

unemployment benefits and you cannot sue for

wrongful termination. If your employer has made

false statements about your performance you may

have a defamation claim. You will have to show

that the employer's statements caused you to be

denied employment elsewhere. For example, if your

employer is giving bad references you may have a

claim.

Answered on 8/16/00, 12:02 pm

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