Wrongful Termination

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Wrongful Termination

I was discharged from my job as a surveillance operator, for misconduct. Breach of confidentiallity. This was a California Indian Casino. No documented proof and based on the lies of a former friend/high roller. Unemployment is under appeal, currently waiting for judge’s determination. Do I have any valid recourse from the casino and the player?

Asked on June 4, 2009 under Employment Labor Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Unless you had a contract, you were employed "at will," like most people outside government.  This means that the casino wasn't required to have a reason to fire you, they were only required to avoid illegal reasons like discrimination.  Nothing in what you've said suggests anything of the sort, here.  The fact that you were wrongfully accused of misconduct doesn't mean the accusation is an unlawful reason for firing you.

It's possible that you could sue the high roller, if you could prove that it was his accusation that got you fired, and if you could prove, with competent, admissible evidence, that his accusation was knowingly or recklessly false.  That isn't as easy as it sounds.

For reliable advice, about any and all of this, you should talk to a lawyer in your area, who can look into all of the detailed facts of your case.  One place to find a qualified attorney is our website, http://attorneypages.com


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