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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38107
Experience:  Retired (mostly)
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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.
Hello,

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.

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