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

You’ve given your employer your best effort and put all your heart and hard work into your job, but suddenly it’s all ripped out from under you when your employer fires you—and for something you didn’t do. Getting fired under false accusations is a distressing experience that puts your finances and future employment options at risk. You may be wondering, is there anything you can do after the fact? Can you sue a California employer if they fire you under false allegations?

What Is an At-Will State?

Like most states, California is an at-will employment state. In at-will states, an employer may fire an employee at-will and the employee may legally leave a job at will, as long as there isn’t a contract stating otherwise. There are 49 at-will states in the U.S., including California. Montana is the only state that doesn’t follow at-will employment law, instead allowing termination only for just cause. In the event that you were fired for unjust causes, reach out to our wrongful termination lawyer in San Diego.

When Is a Firing Wrongful Termination in California?

Just because California follows at-will employment law doesn’t mean that an employer can fire their employee in ways that violate state employment laws. In at-will states, there are still specific circumstances in which a firing is wrongful termination because California’s laws protect employees against violations of their rights. 

It’s wrongful termination under circumstances such as the following:

• When it’s a breach of contract, such as when a contract includes a stipulation for the duration of employment
• Pregnancy discrimination or in retaliation for maternity leave
• Employer retaliation for filing a workers’ compensation claim, taking medical leave, making a complaint of overtime pay violation, or a sexual harassment claim
• False allegations, accusations, or rumors

In all of the above situations, employees have protection under federal or state laws like the California Family Rights Act, Whistleblower Protection Act, or the Federal Medical Leave Act. Because state law prohibits an employer from firing someone because of false accusations, it’s wrongful termination if they do so.

Suing an Employer for Wrongful Termination Due to Firing Under False Accusations

In California, an employee may file a wrongful termination lawsuit against an employer who fired them based on a rumor or unsubstantiated claim. It’s a wrongful termination even if an employer believed the false accusation at the time that they fired their employee. Once the employer learns that the accusation was false it is no longer a valid termination but a wrongful one, giving an ex-employee the right to file a lawsuit. Filing a wrongful termination lawsuit requires the following steps:

• Report the case to the California Department of Fair Employment and Housing so they can investigate the termination and determine if the circumstances were wrongful termination
• Hire an employment lawyer in San Diego for legal representation throughout the process
• Obtain your employee records and compile any evidence you have of the falsehood that led to the wrongful termination and proof that the accusation was untrue

A successful lawsuit against an employer for wrongful termination due to false accusations can recover compensation for the financial and emotional consequences of the termination, or your damages in a lawsuit. A successful case requires the employee to prove their termination was wrongful through a preponderance of the evidence.

Employees have up to three years to file a wrongful termination lawsuit under California’s statute of limitations; however,  it’s best to begin the process as soon as the evidence makes a compelling case and while evidence is still available.