How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38801
Experience:  Retired (mostly)
Type Your California Employment Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

I have been suspended from my job with an accusation of using

Resolved Question:

I have been suspended from my job with an accusation of using a fraudulent gift card. I have submitted the receipts and proof that I have purchased these. This is the second time that I have been put in documentation in a year. I have been under retaliation since I reported the work environment that we were at. Can I sue the company for retaliation, harassment or defamation of character?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.

Retaliation and harassment must be connected to unlawful discrimination based on race, color, nationality, ancestry, religion, sex, sexual orientation, equal pay between sexes, age or disability. Your facts do not suggest any of these issues, so I see no case for retaliation or harassment.

Defamantion of character, however, is possible -- if the employer reported your alleged conduct to others in the organization, and the report of your conduct was not reasoanbly necessary to the business operation.

Proving this is a difficult task. Unless you can find a lawyer interested in your case, you will have an impossible time trying to satisfy a court that your claim is legitimate. This doesn't mean that your claim is a waste of time -- just that you will have to find the right lawyer, and that could mean shopping the case to quite a few attorneys.

Sometimes, the facts are just too difficult to prove -- which would leave you with the only option of suing in small claims court for $7,500 (the maximum allowed). That's better than a poke with a sharp stick -- as the saying goes. But, that's the only option if you can't find a lawyer who's interested enough to take the case.

Hope this helps.

NOTICE: My goal here is to educate others about the law. I am always available to answer your follow-up questions after you click Accept – however, if you do not click Accept, the website gets paid, and I receive nothing. This is true, even if you are on a subscription plan. So please click Accept, so that I will be able to continue to provide this service for others in the future.

And, if you need to contact me again, please put my user id on the title line of your question (“To Socrateaser”), and the system will send me an alert. Thanks!

socrateaser and other California Employment Law Specialists are ready to help you

Related California Employment Law Questions