Legal Question in Employment Law in California

Wrongful termination/sexual harassment

My husband was just terminated from his job as assistan manager of a major grocery store after 10 years of employment with them. He was terminated because of lies and false accusactions that were made about him by 2 girls that worked at the store. They have been over heard by other employees laughing about the rumors they made up about my husband. They also had friends and family call and make false complaints about my husband in order to get him fired. My husband worked for 10 years to establish a very good reputation with many customers, and people he worked with at this company. His reputation had been ruined. Is there anything that he can do about this legally? Also, a few weeks before my huband was terminated his boss made sexual comments to him, rubbed his arm, and tried to pull his pants down while he was on a ladder. Does this constitute sexual harassment? Thank you!


Asked on 7/26/07, 10:48 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Wrongful termination/sexual harassment

IF he could PROVE that the statements and accusations against him were knowingly 'false', they may be actionable as slander. That would require witnesses credibly and convincingly testifying about the fabrication. But, even if he could get that, a case against working blue collar people is not likely to result in a substantial recovery, if at all, so the case would likely cost him more than it is worth to pursue. That claim is not one that an attorney is going to do on contingency without a strong showing that he would actually be able to get money for the client and thus fees.

Only if he could prove the company KNEW the accusations were false would he have any claim against the company. They are obligated to take action and discipline on claims of harassment like those against him, as long as the claims can't be proven to be lies; they are entitled to take the two women's word. He had his chance during investigation to submit any witnesses you claim knew of the fabrication.

IF he could prove his claims about the sexual harassment, then he could bring that claim. He would have to overcome the strong suspicion that he is only bringing it now because of 'sour grapes' and retaliation for being fired. It would require strong proof to do so, including proof he complained and nothing was done by the company to remedy the situation. If the company knew nothing, they are not liable.

With all that, if he thinks he has a case within those guidelines, feel free to contact me to discuss.

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Answered on 7/27/07, 1:33 pm


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