Legal Question in Employment Law in California

Wrongful termination

My husband was working a contract job for the US border patrol. Today without warning he was terminated. The reason was because he was keeping in contact with one of the border patrol officer's wife. Who he had previously went to the police academy with. The officer seems to believe he was harassing and wanting to sleep with his wife. Which was totally untrue. They have been friends since '05. And because he is a high ranking officer he had the company that my husband works for, terminate him. This had nothing to do with the job my husband does. He was let go solely because he had his 'ideas' that were totally untrue. HE also told my husband in front of other officers, that he will keep him from ever getting hired with the border patrol, ICE or law enforcement. He would make sure of it. Since he has that kind influence, it will destroy my husband dreams of working in law enforcement. Can his employer be sued for wrongful termination because it had nothing to do with his job performence? Also can that officer be sued for defamation of character? This had but a strain on my family financially and do not think what they did is right!


Asked on 5/14/07, 5:31 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Wrongful termination

Without more facts, I cannot say whether your husband has a basis for a claim of wrongful termination. Most employment is terminable at the will of either party, which means it doesn't matter whether the employer has grounds for termination. It is the motive for the termination that needs to be addressed with an employment law attorney.

If your husband can prove that officer who got him fired, is making false statements about your husband, it may be possible to bring a defamation or a blackballing case against him. There are certain privileges that apply to peace officers, so this case has to be assessed, very carefully, by an experienced employment law attorney.

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Answered on 5/14/07, 7:49 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Wrongful termination

What he does after hours is not his employer's business and terminating an employee for after work activities violates his right of privacy. Contact me directly.

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Answered on 5/14/07, 8:21 pm


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