Legal Question in Employment Law in California

my employer fired me based on an investigation they conducted over some missing recycling receipts, in all there were 2 total employees fired of the 6 that were involved. there is no criminal case currently filed. i was an at will employee and there is no evidence that clearly identifies me or the other fired employee as the culprit. my question is this does my employer have the right to deny my unemployment benefits without proof of wrong doing. i have worked there for three years without so much as a eyelash being batted in my direction for misconduct. If there is any lawyer in california who would like to look into the allegations and the evidence that substantiates these claims i will be glad to send them over so that we may proceed to file a claim against my former employer for libel and slander as well as wrongful termination if it applies. The evidence is irrefutable and the allegations are preposterous, some one please help.


Asked on 7/25/12, 4:19 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Help?

Sure, you have the right to appeal an EDD decision denying unemployment, and the right to hire counsel to represent you. If you can show they had no grounds to deny, then you could win.

As to suing the employer, I don't think anyone is going to be willing to take your money to file a case without credible legally admissible evidence they told 3rd parties PROVABLE LIES about you, that does not include EDD filings, nor does it include statements of their OPINION like they 'THINK you may have been involved in wrongdoing'.

As to the termination, not only are there no laws against poor management, 'unfair treatment', or rude, obnoxious or harassing behavior by management or other employees, 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 terminated any time for any reason, with or without �cause�, explanation or notice. Suspicion of wrongdoing would constitute 'good cause' to fire.

If you think you can prove the above, and are serious about pursuing either, feel free to contact me for legal help.

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Answered on 7/25/12, 6:17 pm


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