You can sue an employer for firing you under false accusations if the termination violates your employment contract, discriminates against protected classes, or is considered retaliatory under labor laws. Document the accusations and seek legal counsel to determine if wrongful termination laws apply in your case.
Every case is different and requires an experienced employment legal matters attorney to assess all the relevant facts. But today we will discuss some guidelines that can help give you a general idea of whether you have a case.
At-Will Employment and False Accusations
Nearly every state in the US is an at-will work state. When you are an at-will employee, this means that your boss can fire you for any reason or no reason at all. The law does not require an at-will employer to provide a valid reason for termination, nor does it require employers to investigate claims made against you on the job. This seems inherently unfair to most people, but it is the current state of the law. The only good news is that there are some exceptions to an employer’s carte blanche ability to fire employees.
False Accusations
Wrongful termination may occur if someone is fired due to a false accusation involving discrimination or retaliation. The Equal Employment Opportunity Commission oversees employment laws and matters related to wrongful termination.
If your boss fires you because of false allegations against you, that is not one of the exceptions to at-will employment. In other words, firing you over lies is not illegal. The lie may be outrageous and easily disproved, but firing you over it is not illegal. The person who told the lie may be such a notorious liar that your boss should not have believed them in the first place. But this still does not make your termination wrongful or illegal.
Much of this is counter-intuitive and offends people’s sense of fairness. However, there are valid exceptions to the rule that employers can fire at-will employees for any reason at all. And if you believe that the false accusation made against you was merely a pretext for an actual illegal firing, you may have a case.
Valid Exceptions to At-Will Employment
Exceptions to an employer’s ability to fire you for any reason or no reason at all fall into essentially one of three categories.
Employment Contracts: Express or Implied
Most employees do not work under a signed employment contract, but some do. A court may find that you have an express or implied employment contract if any of the following apply:
- You entered into your work arrangement through the use of an actual, written contract signed by you and your employer;
- Your employer made statements during the hiring process or shortly thereafter implying that you would be fired only under certain circumstances;
- Your employer gave you an employee handbook that established certain policies and procedures that they would follow before terminating you; or
- You belong to a labor union that has a collective bargaining agreement.
If you think that any of these conditions apply to you, contact an experienced employment legal matters lawyer to discuss the details of your case. All the above scenarios have exceptions and specific rules that may determine your ability to sue. Only a seasoned lawyer can sift through the facts and accurately assess whether you have a valid cause of action.
Discrimination and Harassment
Laws exist at both the state and federal level that prohibit discrimination or harassment in the workplace. These laws prohibit disparate treatment based on a worker’s race, nation of origin, color, religion, sex, sexual orientation, gender identity, disability, age, and more. If your employer’s true reason for firing you is based on any of the above and the false accusation was merely a pretext to cover the discriminatory reason for termination—then you may have a valid wrongful termination case. However, you need evidence supporting your claim. An attorney can help assess whether you have enough evidence to build a case.
Retaliation
An employer is not allowed to fire you for asserting your rights in the workplace. By law, you have the right to, among other things,
- Have a safe workplace;
- Have a harassment-free work environment,
- Be free from discrimination at work;
- Report illegal activity at work;
- Participate in investigations regarding illegal activity at work;
- Claim workers’ compensation;
- Claim disability payments if you become disabled; and
- Be treated fairly with respect to wages and hours.
If you engage in any protected activity or take steps to protect your rights, your employer is not allowed to retaliate against you in any way, up to and including termination. So again, if the false accusation was a pretext to fire you for any of the reasons listed and you can prove it, you may have a case for wrongful termination.
Can I Sue My Employer for Being Fired Under False Accusations?
Yes, you can sue your employer if you were fired based on false accusations. This is considered wrongful termination. If you believe you were fired due to rumors or false pretenses, you have the right to file a claim against your employer.
What About Defamation?
Defamation is an untrue statement that damages your career or reputation. However, many statements made exclusively within the workplace (and not published to a third party) are privileged as communications made within the regular course of business. There are exceptions, but some false statements made during the course of business may be privileged and, therefore, not subject to a defamation claim.
This area of law is complex. So speak with your attorney to determine if false accusations at work fall under the umbrella of legal defamation. Also, keep in mind that if someone made the statement outside of your internal work environment, you may be able to sue the individual. But if the guilty party does not have large sums of cash lying around to pay a judgment, this may not be a viable option.
Can I Be Fired for Refusing to Work on My Day Off?
In at-will employment, an employer can terminate an employee for refusing to work on a scheduled day off, unless the employee is protected by a contract, legal provisions, or exceptions such as religious accommodations. State laws and workplace agreements may also impact termination policies.
Is It Illegal to Conspire to Get Someone Fired?
Conspiring to get someone fired is not typically illegal, but certain methods, such as making false accusations, defamation, or using threats, can lead to legal consequences. Consult a lawyer for specific advice.
Call Our Wrongful Dismissal Lawyers
The legal team at the Smithey Law Group have built their careers on protecting your rights in the workplace. If you believe that you may have a case for wrongful dismissal, only a seasoned lawyer can accurately assess the facts of your case. So don’t hesitate. Call us at 410-919-2990 or contact us online today to schedule your initial consultation.