Legal Question in Employment Law in California
wrongful dismissal
I was terminated from my customer service position because I allegedly used profanity over the phone. I didnt use any profanity, and when I asked them to prove to me that I used profanity, my supervisor dismissed my request by saying that there is no need for me to here the proof because the decision to terminate me has already been made because of it. Do I possibly have a case?
3 Answers from Attorneys
Re: wrongful dismissal
Possibly, but only if you are in what is legally deemed as a "protected category". Wrongful termination claims must be predicated on "bad cause", which is usually racial discrimination, sex discrimination, etc...If you would like a free phone consultation, contact us today.
Re: wrongful dismissal
In California, you are presumeed to be an "at will" employee unless you have a collective bargaining agreement or other written contract. Based on the limited facts that you described, you do not have a claim for wrongful termination.
I would still see a local employment law attorney for further advice because it is always possible that the STATED reason for your termination might not be the REAL reason. For example, an employer were never tell you to your face that you were fired because of your race or religion and there may be evidence of a different reason for your termination.
Re: wrongful dismissal
You also might have a case for defamation against whoever said that you used profanity -- i.e. a co-worker, since it cast you as ill-suited for customer service work.
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