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 14 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


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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