1 posts Posted 10 June 2013 - 09:45 AM I recently was laid off ! I was told that my position was no longer needed! I know the next day they hired a substitute to fill my position!! I was also accused of lying about going home sick a week prior!! I have worked for this Preschool for over 7 years without one complaint !!! At the time of termination I was given nothing in writing nor any type of last check?? I also know they have told some other employees I left because they offered me another position but I felt under qualified!! i feel there is some defamation of character here too with the accusation of lying and saying that I felt under Qualified for a position I was already doing for the past 7 years! Do I have a Case I live in Huntington Beach California 15,573 posts Posted 10 June 2013 - 11:51 AM When the employer is not a government agency, then the employer may legally fire you for any reason (or no reason at all) except for a few reasons prohibited by law. The prohibited reasons include firing you because: of your race, color, religion, sex, national origin, age, disability, or genetic test information under federal law (some states/localities add a few more categories like sexual orientation); you make certain kinds of reports about the employer to the government or in limited circumstances to specified persons in the employing company itself (known as whistle-blower protection laws); you participate in union organizing activities; you use a right or benefit the law guarantees you (e.g. using leave under FMLA); you filed a bankruptcy petition; your pay was garnished by a single creditor or by the IRS; and you took time off work to attend jury duty (in most states). Nothing you?ve stated here suggests that you were terminated for a reason like one of the above, and thus this was not ?wrongful termination? as that term is used in the law.
As for a defamation claim, to whom did the employer communicate the statement that you lied? If it was only to you, that?s not defamation. If it was to your former co-workers, how were you harmed by the statement ? what actual damages did you suffer? As for telling your former co-workers you left because you felt unqualified for the offered job, I disagree with pg1067 that the statement cannot be defamatory (assuming that the statement was not true), but again there is the issue of what damages you suffered from it.
You are entitled to your paycheck for the work done up through termination. If you do not get it at least by the normal pay day for the employer, contact the state labor department for assistance. I also suggest you apply for unemployment benefits ASAP, as benefits will only pay for weeks of unemployment that occur after you apply. But just based on what you?ve said so far, I don?t see any successful lawsuit here against your former employer. <br>For the original version including any supplementary images or video, visit http://boards.answers.findlaw.com/index.php/topic/226086-lay-off/