Legal Question in Employment Law in California

Do I have a wrongful termination case or discrimination case for being one of the few male counselors at a facility where we care for teenage girls.Two teenage girls have made false sexual allegations against me such as making sexual comments,making passes at them,and allegedly talking to them on Facebook? My employer can't find conclusive evidence because it's my word against theirs.It is an "at-will" employment.


Asked on 5/22/12, 6:59 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Do I have ...?

No.

The employer is not "discriminating" against you by following the law which requires that they take complaints seriously, investigate, and take all necessary corrective / disciplinary steps to remedy the situation. Failing to do so would subject the employer to a lawsuit by the 'victims'. They are entitled to take the word of the complainant over yours, especially when there is more than one, unless it is clear they are fabricating the complaints, or you can 'prove' your innocence. Saying 'I didn't do it' is not proof.

Besides that, in general unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee [which you acknowledge] that can be disciplined or terminated any time for any reason, with or without �cause�, explanation or notice.

Present your best defense. Unless you are sure of vindication, reasonable advice might be for you to negotiate a deal where you resign for personal reasons to avoid a 'misconduct / cause' firing on your record.

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Answered on 5/22/12, 10:51 pm


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