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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I work for a wine tour. Because one winery had son "trouble"

Resolved Question:

I work for a wine tour. Because one winery had son "trouble" accomodating my clients, I took them to another winery. This practice is common in this field. When I got back , my employer found out and was furious; saying that I stole from the company! I told him that the hosts did this all the time and there was never an issue before. After arguing about it, I asked him what the amount was that he thought I stole from the company. I paid more than the amount agreed upon to settle the dispute. He made me sign a disclosure that said what I explained above. He then fired me and is telling all future employers in wime country that if they hire me then he will not let his tours go to those locations! Can I sue hime for discriminatory reltaiation? None of the wineries will hire me because of this. What are my options?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Joseph replied 5 years ago.
Hello and welcome to JustAnswer.

Unfortunately, you would only have a cause of action against your employer for discrimination if you were discriminated against due to a protected characteristic (such as race, gender, national origin, ethnicity, or sex).

This stems from the employment at-will doctrine, which is codified in California Labor Code Section 2922, which states:

"An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month."

However, you would have a cause of action against your employer for defamation for making false and damaging statements about you
to prospective employers that have caused you to lose offers of employment.

I wish I had better news to give you, but I hope you appreciate a direct and honest answer to your question.
Joseph and other California Employment Law Specialists are ready to help you