There are many grounds for suing an employer in California. Some of the most common reasons are those related to unpaid wages, discrimination, retaliation, or harassment. However, you may be wondering, “Can I sue my employer for firing me under false accusations in California?” Read on to find out all you need to know about suing your employer for false accusations.

What Is Considered a False Accusation?

A false accusation is when someone, like an employer, makes a claim against someone that is untrue. Examples can include falsely accusing someone of illegal activity, misconduct, or violating a company policy. While employers can make false accusations against employees for a variety of reasons, sometimes they do so to avoid the consequences of their own unethical behaviors. Examples of false accusations at work include:

• Spreading false rumors about your personal life
• Accusing you of stealing office supplies
• Accusing you of misconduct, such as having an inappropriate work relationship
• Accusing you of subpar performance or not working your scheduled hours

Is it Illegal for an Employer to Make False Accusations at Work?

If an employer makes a false accusation against an employee, this can be considered defamation of character, which is grounds for a civil lawsuit. Defamation of character includes false statements, either written or spoken, that a person makes that damage the reputation of another person.

In the workplace, this can be especially damaging because oftentimes, a person’s merit is not only based on their work but on the opinions and feedback of others. For example, a superior’s performance review can mean the difference between a promotion and a demotion. Likewise, a fellow employee’s report of another employee’s misconduct may bear weight in the decision of termination.

If either an employer or an employee then defames another person, this could damage that person’s reputation and can even create a hostile work environment if the slander or libel becomes excessive. To prove defamation, the offender must have made a false claim, done it with the intent to harm the victim’s reputation, been negligent, and, as a result, caused damage to the victim.

In other cases, an employer may make false accusations as a form of retaliation. An example of this could be an employee reporting discrimination, and the employer, in turn, spreads rumors about the employee that turn out to be false. Another example is if an employee blows the whistle on an employer for sexual harassment, and that employer not only terminates the employee but also spreads false accusations to future employers.

What Should I Do if I’ve Been Terminated Under False Accusations?

When you show up for work, you expect to be protected and treated fairly and with respect. If that expectation is breached, it can create a problematic environment. Therefore, if your employer makes false accusations against you, you have the right to sue them. False accusations can not only ruin your reputation, but they can lower your confidence, self-worth, and your ability to do your job effectively. They can also impact your mental and emotional health.

False accusations that are grounds for a lawsuit can be discriminatory, false accusations, retaliation, or breaches of contract. For example, if your contract involves you working a certain number of hours, and your employer falsely accuses you of not working those hours and terminates you as a result, this can be grounds for a lawsuit.

After reporting the incident to HR for an investigation, your next step should be to collect all evidence related to the accusations. This can be eyewitness testimony, text messages, social media messages, email, or other documentation. Having quality and concrete evidence at your disposal can make a considerable difference in your case.

You should always remain professional when defending yourself against false accusations, as anything you do or say can be used against you. Once you collect your evidence, it is important to seek legal counsel immediately. Your lawyer will inform you of your rights and can help you document everything related to your case. If the false accusations resulted in damages like loss of wages, your lawyer may be able to recover them for you.

FAQs About False Accusations & Claims Law in California

Q: Can I Make a Claim Against My Employer for Firing Me under False Accusations?

A: Yes, you can make a claim against your employer if they fire you under false accusations. Typically, you will sue your employer for defamation in these cases. Defamation is when someone ruins a person’s good reputation by libel or slander. If your employer falsely accused you of something or defamed you, you should contact a lawyer immediately to help you with your lawsuit.

Q: What Is the Process for Suing My Employer?

A: The process for suing an employer in California may involve several steps. First, it is important to know and understand your rights as an employee. Then, you want to collect all evidence to help your case before contacting a lawyer. Your lawyer can walk you through the steps for filing a claim with the appropriate agency, obtaining a “right to sue,” and suing your employer.

Q: Are False Accusations Grounds for Wrongful Termination in CA?

A: There are several actions that qualify as wrongful termination in California. Wrongful termination is when an employer unlawfully or illegally fires their employee. Examples include firing because of whistleblowing, discrimination, retaliation, breaking a contract, or firing because an employee took an allotted leave. False accusation applies to this if an employer fires an employee based on a false accusation.

Q: What to Do When an Employer Makes False Accusations?

A: If an employer makes a false accusation, you should contact a lawyer immediately. Your lawyer will inform you of your rights and walk you through the process for filing a complaint against your employer. Your lawyer will inform you if you have a viable case and if your employer acted illegally. It is important to document everything if your employer makes false accusations.

Consult with Skilled and Experienced Employment Lawyers

If an employer makes false accusations against you, it can feel like an act of betrayal. This is because your reputation at the workplace can be the difference between being celebrated, appreciated, and respected or isolated and mistreated. If your employer made false accusations against you, póngase en contacto con a lawyer at Jiménez Loayza, APC, today.