Visitor Question

Wrongful allegations of misconduct?

Submitted By: Martha (Los Angeles, CA)

My previous employer terminated me based on “misconduct” allegations.

When I applied for Unemployment Benefits, the benefits were denied based on the employer’s allegation of misconduct.

I filed my first appeal with the Employment Development Department (EDD) and the decision was rendered that I was being denied EDD benefits due to “misconduct.”

I filed a second appeal with EDD (Sacramento) and received a decision reversing the decision of the Administration Law Judge (first appeal phase) and was granted Unemployment Benefits

My question is, do I have a wrongful termination case, or defamation case against my former employer for terminating my employment based on their allegation of “misconduct,” which was ultimately reversed? This could have serious consequences for my future job prospects. Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Martha,

Whether or not you have grounds for a wrongful termination case will depend on several factors…

1. Did your employer issue an employee manual, employee guidelines, or other form of mutually binding agreement? If so, look at the section on employee termination. If your employment was terminated in violation of the employee manual, you may have grounds for legal action.

2. If your employment was terminated based on race, religion, age or gender, you may have grounds for wrongful termination based on discrimination.

3. If your employer terminated your employment because you file a workers’ compensation claim, you may have a case for retaliation.

4. California is not a “right to work” state. This means you may have appellate rights through your union agreement with your employer.

If none of the above relate to you, you may not have the basis of a wrongful termination action. This will be the case regardless of the reversal of your unemployment benefits.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 26, 2014

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