Legal Question in Employment Law in California

I was wrongfully and cruelly fired from my job last weekend. On SPECULATION of theft. there is no facts or evidence that proves me guilty, my boss even says in e-mails, "i don't know what happened. i want to be able to prove your innocence, if that is the case." So i was found guilty until proven innocent. I was fired and then asked questions about incidents and various situations. shouldn't that have happend before i was fired. shouldn't an investigation have happend before someone was blamed and worngfully accused of theft? My reputation is at stake...

and i was fired 2 weeks shy of my contract ending. meaning i'm out $500 dollars. is there anything i can do?


Asked on 9/23/09, 4:16 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Unfortunately, employers do not have to prove you did anything wrong. They do not have to even have just cause to terminate an employee, unless your contract states otherwise. Most employment is terminable at the will of either party, which means that no reason is necessary.

The thing this employer must be careful about, is telling third parties you were fired for theft. If they reiterate this belief without any ability to prove the truth of the matter, they could be held liable for defamation.

You could ask what information they intend to give to prospective employers, so you can prepare to be on the same page or take preemptive action. You can also file for unemployment and see if they fight you on this issue. You may be able to force a hearing where they would have to prove to a judge that you committed theft in order to deny your benefits.

Good luck.

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Answered on 9/23/09, 4:34 pm


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