If I was terminated from a company 3 years agofor alleged sexual harrassment but it was never proven, do I still have a case for unfair termination?
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If I was terminated from a company 3 years agofor alleged sexual harrassment but it was never proven, do I still have a case for unfair termination?
I had been working there for about a year overnight shifts only and after I brought up that a manager was not following company policy. I was suddenly accused with harassment of an employee i barely talked to. I was not given any warnings or was written up in anyway. I was working there one day and then fired three days after being put on paid leave pending investigation that I had no say in what happened. I am wondering if I can still sue this corporation for unfair termination?
Asked on October 1, 2011 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
According to your question, you were not the one (allegedly) harassed, but were rather the alleged harasser. If that is the case, you probably only would have a lawsuit or legal claim if you had an employment contract (which includes being covered under a union or collective bargaining agreement) and your termination was in violation of some clauses or terms of that contract. Otherwise, in the absence of a contract, you are most likely an employee at will and can be terminated at any time, for any reason, including an incorrect reason or even pure spite (i.e. your manager wanted to get rid of you). Therefore, it is very unlikely that you would have a viable wrongful termination claim, unfortunately.
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