Legal Question in Employment Law in California

Employer terminates using accusations,threats and derogatory remarks

I am a truck driver,got sick,couldn't deliver,employer terminated me and the remarks he used in the process was I stole from him,threatened to have me in jail and called me a worthless piece of shit.Does he have the right to use that method and do I have any recourse?


Asked on 10/29/02, 10:31 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Employer terminates using accusations,threats and derogatory remarks

Many laws may apply here. If you were fired for getting sick, family medical leave laws may apply, assuming you meet the eligibility requirements.

Accusing you of theft may be actionable if the employer repeats those accusations to others, especially to prospective employers. If he has you arrested, you may have a case of false arrest, if there was no reasonable basis for the accusation.

Whether he could fire you without cause depends on whether you were an at-will employee. If you were a Union employee, you were probably not terminable at-will. If non-union, more than likely you could be fired without cause.

However, I cannot give you specific advise due to lack of information. You should schedule an appointment with an employment law attorney near you to go over the facts of your case in more detail.

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Answered on 11/01/02, 4:54 pm


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