What should I do if fired due to false accusations?
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What should I do if fired due to false accusations?
I was recently fired for false accusations. I worked at a retail store in mall and I worked with females that are older than me and some the same age as me. My female co-workers are African American and we would talk about everything together. I thought I could be myself around them and be open. I talked with one co-worker about rap music and how a black rapper can use the N word and its okay but if a white rapper used it music it is not okay. I told her how I was raised that no on should say that word. I asked her hypothetically if I said that word would she get mad and she said yes. I told her that I would never say it because it is a bad word to me but I just couldn’t understand why black rappers and some people say it and it’s okay. Well, she told my manager about it and my manager went to the store manager. I was called to the office after an hour of being at work and was told that several people have came to them about me being racist. They said they been documenting everything. I only shared my thoughts with one co-worker so I do not know why the other co-workers would have been documenting anything that I said or did. The manager never showed me what they documented. The manager never gave me a chance to speak my side of story. They both accused me of being racist and I am not racist. I have a bi-racial brother and I have a African American uncle. I have bi-racial cousins. I was not upset about being fired, I was more hurt about being called racist when I am not. I don’t want that to be on my work history. I am at a loss because I don’t know what I should do next. Can I sue for being fired for false accusations?
Asked on November 3, 2018 under Employment Labor Law, Louisiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, you cannot sue for being fired due to false accusations, unless you were fired in breach or violation of a written employment contract (in which case you can sue for "breach of contract"). Without a contract you are an employee at will and have no right to your job; are not entitled to "due process" or a fair hearing before being fired; and can be terminated at any time, for any reason whatsoever--even unfair or unproven ones. In short, you could be terminated simply because the employer wanted to fire you, such as because your coworkers were uncomfortable with you. Since you had no right to the job and no legal protection against being fired, you may not bring a legal action or sue--you can't sue people or businesses for doing what they may legally do.
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