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Can I Sue My Employer for Firing Me Under False Accusations in California?

Emanuel Shirazi

Being falsely accused at work can be extremely frustrating, at the least, but if it affects your livelihood, it’s more than frustrating. In this situation, you need experienced legal help. Being fired after a false accusation does more than hurt your feelings; it can mean loss of income and even necessary benefits. Although your job tasks and objectives are likely your top focus while at work, other factors can affect your ability to do your job. Your relationships with your coworkers, gossip, and false accusations can have significant impacts on your work environment as well as your employment. Unfortunately, misinformation has the power to end careers.

If your employer recently fired you based on false accusations or information, you need to take action right away. With the help of a Los Angeles wrongful termination lawyer, you may be able to receive backpay for your time away from work, compensation for lost benefits, and even out-of-pocket expenses that being wrongfully fired might have caused.

Understanding California’s Wrongful Termination Laws

Wrongful termination laws are often confusing, so if you’ve been terminated and there is a suggestion it might have been due to an accusation, contact our firm. Malicious or even innocent gossip should never be a reason someone loses their livelihood.

The law regarding this can be tricky since, in California, employers may fire their employees without cause. This means that they don’t have to have a reason to fire an employee. However, an employer may not fire an employee for a cause that is protected by law. Common examples of protected causes or traits include:

  • Disability status
  • Pregnancy status
  • Race, ethnicity, or nation of origin
  • Gender or gender expression
  • Sexual orientation
  • Religion
  • Age (40 and over)
  • Military status

Steps to Take After a Wrongful Termination

If you get fired based on false information, you may not be able to do anything in the moment. Although you may claim that the information is false, your employer may proceed with the firing. In some instances, fired employees do not know why they were fired until after the fact.

There are certain steps that you should take after being fired to preserve your wrongful termination claim. These steps can help you achieve the justice that you deserve following an illegal firing.

  1. Keep all communications associated with the termination. This includes emails, memos, formal letters, texts, and meeting summaries. Request a copy of your employee file as well, as this can help prove your case if it goes to court.
  2. Do not sign any paperwork. Your employer may attempt to get you to sign severance agreements or other paperwork that prevents you from taking legal action. Do not sign anything, even if it affects your severance or other compensation that you may be offered.
  3. Assemble the contact information of coworkers or other third-party individuals who may have known about the circumstances surrounding your termination. Their testimony may help your case.
  4. Contact your attorney. The sooner that you can get your attorney involved, the stronger your case will be. We can also help protect you from taking action that may jeopardize your claim or ruin your chances of a settlement.


Q: What Are the Laws Against False Accusations in California?

A: If someone falsely accuses an individual of a crime while knowing that they did not commit said crime, they can be charged with a misdemeanor. In the workplace, there may be additional punishments for disparaging or reporting knowingly false information about a coworker. However, many wrongful terminations are based on misunderstandings or gossip, which often means that the accusation was not knowingly false or malicious. These cases are complicated and require the attention of a qualified attorney.

Q: How Long Do You Have to Sue an Employer for Wrongful Termination in California?

A: The statute of limitations on wrongful termination claims (that are not based on the Fair Employment and Housing Act) is two years, so you have two years from the date that you are fired to explore a legal claim against your employer. However, begin your claim as soon as possible. If you wait, key evidence or testimony can be lost or forgotten. It is more effective to start the process when the situation is fresh in your mind so that you can build a strong claim in your favor. In some situations, your claims can be partially invalidated if you wait over one year.

Q: How Do I Prove That I Was Wrongfully Terminated in California?

A: To prove your wrongful termination claim, you will need evidence to support your claim. This may include emails, employee records, witness testimony, and other documentation. The types of evidence necessary for your claim are unique to your situation, and your attorney can work to advise you on which types of evidence you need.

Q: Can an Employee Sue for Wrongful Termination in California?

A: Yes, an employee has the right to sue their employer if they have been wrongfully terminated. Although an employer may fire an employee without cause, they cannot fire an employee for a protected cause, such as protected traits or retaliation for complaining of illegal conduct. If an employer fires an employee based on race, gender, or sexual orientation, for example, they can be sued for wrongful termination.

Contact an attorney if you believe that you have a wrongful termination claim.

Contact Shirazi Law Firm, PC

Our team at Shirazi Law Firm, PC, has been representing employees for many years. Before we began representing employees, we spent many years defending employers. This experience has given us a more complete understanding of California employment law and makes us highly qualified to represent you in your claim.

For more, please contact the Shirazi Law Firm, PC.

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