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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 32372
Experience:  Employment Law Expert
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Supervisor in a community college, California, made false

Customer Question

Supervisor in a community college, California, made false claims that I had committed forgery and fraud and I was immediately terminated by her claims which were all unfounded. All her claims were easily dis-proven and in fact were all at her doing. She set me up to be fired and I am now deemed unhire-able in any office on campus.
I'm a full time student chasing a social sciences degree to specifically work in this setting with students and am now banned from working in any student services. Model part time employee for 3 weeks short of a year with zero complaints or infractions. I am also disabled, disabled student services recipient and a cal-works employee so this career path i've choosen helps me remain more likely to obtain work with my limitations and now I'm shunned, embarrassed and not even wanting to finish my schooling on campus from embarrassment by all false allegations.
Submitted: 3 months ago.
Category: Employment Law
Expert:  Dwayne B. replied 3 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Is there a specific question with which I could assist?

Customer: replied 3 months ago.
The question is can I do anything about my supervisors statements that got me fired when they were all false
Expert:  Dwayne B. replied 3 months ago.

If the statements were false, then you could file a civil lawsuit for slander/libel and you could seek an injunction against the person. Is that the type of thing you were asking about? If so, I can go into more detail, I just want to be certain that's what you're wanting to know about.

Customer: replied 3 months ago.
Not exactly, I feel the college is more responsible for ruining my career based on unfounded accusations and should've investigated it further before terminating me. A civil suit would be pointless as it would not get my job back and I could not afford an attorney to pursue such little possible reward. But California is an at will work state so, what other possible route could I go?
Expert:  Dwayne B. replied 3 months ago.

You can pursue a slander/libel case against the college as well but it's going to be hard to win because all they have to do is point the finger at the person that actually said it.

As you mention, CA is an employment at will state which means that it is almost impossible to win a wrongful termination case. The employer is not under a duty to investigate to any certain degree and is allowed to be completely wrong in their reason for your termination.

Your best case is the one I first set out, suing the supervisor for slander/libel and then trying to get it applied to the school as well since he was acting in a supervisory capacity. If you can get the facts developed sufficiently to win that case then you may be able to go against the employer on a wrongful termination for a violation of "public policy". That is one of the exemptions to employment at will and it is not defined very well so it can be used in a lot of different situations. I can imagine the CA courts stating that firing you for being the victim of slander by a supervisor being against public policy but it would have to be developed just right.

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