One of my colleagues has hated me for a number of years and been trying to give me a hard time. A couple weeks ago, he told our supervisor that I own a handgun and am a member of the NRA (NEITHER OF WHICH IS TRUE). I was chatting with my supervisor once after that, and he casually asked me about my opinions on guns and gang members and stuff. I didn't tell him much. I do have some black friends, but as far as I know they are not gang members. Anyway, I was soon fired for "poor performance". It is obvious that he fired me because he doesn't want any problems with guns or gang members, but I am not connected to either.
Keep in mind that this is Los Angeles, which does not have a gun culture. In this part of town it's safe to assume that anyone who has a gun is either a cop or a drug dealer.
So I have 2 questions:
1. Can I sue the company for wrongful termination?
2. Can I sue the other worker that told my supervisor this lie about me?
2007-12-16 14:08:42 · 7 answers · asked by anna 1 in Politics & Government ➔ Law & Ethics
I believe you have a case for slander. You may also have a case for wrongful termination against the employer.
BTW I think some of the gun owners in California are hunters.
2007-12-16 14:18:03 · answer #1 · answered by R. U. Serious 3 · 0⤊ 0⤋
You can sue an employer wrongful termination ONLY if you can prove you were wrongfully terminated. Unless your boss is pretty stupid that's pretty hard to do.
Poor performance covers a broad area. That can pretty much mean anything. If you were fired because you were wrongly accused of theft or being habitually late and you weren't then you have a case.
I personally know of someone who was fired because his supervisor didn't like his car. Not much you can do about that.
It's not against the law to own a handgun in Los Angeles or be a member of the NRA. Slander or libel usually means someone has accused you of a criminal or immoral act.
2007-12-16 14:28:55 · answer #2 · answered by Anonymous · 0⤊ 0⤋
#1 Libel is telling lies about another in writing. If it is verbal it is called slander.
#2 California is an "At-Will" state and your employer can fire you for any reason what so ever, except for discrimination based on sex, religion, age, national orgin, color or sexual preference.
You need to determine, in your employee handbook, if it states that consequences to certain actions will be punished by a progressive punishment system, ie. verbal warning, written warning, terminiation. If so, and you did not receive the warnings prior, then you may have a case - see a lawyer.
If you have no handbook then you are out of luck!
#3 About suing the other employee, you need to determine and prove that what he said is what caused you to be fired and that because you were fired you had damages. Very difficult to do, you need witnesses, you need other kinds of evidence. So I doubt you could do this.
Good luck.
2007-12-16 14:14:29 · answer #3 · answered by Beau 6 · 0⤊ 0⤋
Wow - Archie Bunker moved to LA :)
You were working "at will", which means you can be let go for any reason or no reason short of discrimination at any time. In return, you get to quit for any reason or no reason at any time.
Beyond that you have no options unless you have a specific employment contract.
Suing your work on a fanciful theory is not showing the kind of insight and attitude they want to hire a worker back for.
Having a gun or being in the NRA is completely legal, to suggest you do either is hardly libelous.
Maybe you should rethink your strategy.
2007-12-16 14:16:31 · answer #4 · answered by Barry C 7 · 0⤊ 0⤋
1) No. California is an at-will State, so firing you based on a false claim by a co-worker is legal.
2) Possibly, yes. Defamation is a false statement of fact, made either knowing that it's false, or with 'reckless disregard' for its truth.
If he made the statement that you had a gun and were in the NRA with no reasonable basis to believe it to be true, then you might well have grounds for a successful suit for your financial damages caused by losing your job.
You would, of course, have to be able to prove that the "poor performance" claim was pretextual.
Richard
2007-12-16 14:19:48 · answer #5 · answered by rickinnocal 7 · 0⤊ 0⤋
To sue your boss you would have to prove that he terminated you for hearing this rumour, which would be very hard and expensive. However if you can get some people who heard this guy talk smack about you and get them to testify you may be able to make him liable for emotional damages.
2007-12-16 14:16:14 · answer #6 · answered by tedronomer 1 · 0⤊ 1⤋
You aren't going to be able to prove anything. Let it go and get another job.
2007-12-16 14:19:15 · answer #7 · answered by Dan H 7 · 0⤊ 0⤋