Legal Question in Employment Law in California
WrongfulTermination/Company lying about their reasons fabout my termination to E
I was placed on disability by the company I worked for because I informed them that I was recently diagnosed with adult ADHD. I proved my disability by faxing them all Dr's notes and the Family Medical Leave paperwork as requested For some strange reason they decided to fire me for being AWOL. I have fax documents to prove they recieved their paperwork and the Dr.'s notes and their letter to me which informed their original reasons for firing me. After filing for unemployment benefits, I was denied because the company told EDD I was terminated because I ''used false reasons to get permission for absense from work''. Before all of this, I was afraid to pursue other employment because I didn't trust them because I believed them to be nothing else than liars. I have to list them on my employment application and, they would be notified. Nowadays, some employers demand permission to go beyond the times of employment etc. and get character information about you. There is more to this than I have space to write about because the events leading to my having to reveal my condition are absolutely bizarre. I believe I have a defamation ofcharacter suit,a wrongful termination suit, as well as a libel case. I want to sue. Do I have a case?
1 Answer from Attorneys
Re: WrongfulTermination/Company lying about their reasons fabout my termination
No one can tell you if you have a case unless all of the facts are ascertained and investigated.
Of course, employers have an obligation to follow the law and allow employees to take time off for a serious illness, assuming they qualify for FMLA. However, this does not mean all employees have some quarantee they cannot be fired for legitimate reasons. It appears there may be something else going on in your case you have not stated. This needs to be investigated by your attorney.
If you use an employer as a reference, the employer may legally say anything about you that is true to another employer. If you can prove they are knowingly making a false statement about you to prospective employers, you do have a basis for a defamation lawsuit against them.
You will have to have your case reviewed by an experienced employment law attorney for an evaluation of your case. You also may file a complaint with the California Department of Fair Employment and Housing or the Equal Employment Opportunity Commission if you believe the company violated your rights under the CFRA or FMLA. Such claims must be filed within one year of the date of your termination with the DFEH and 300 days with the EEOC.
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