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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39184
Experience:  Retired (mostly)
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I was told I was fired from my job because I didnt come in

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I was told I was fired from my job because I didn't come in on Saturday. I was however paid for the day in question. After applying for unemployment I was told by them that my employer stated that I was fired because I stole from a client. I was never approached by my employer, I was never talked to, written up or the authorities called about my committing a crime. This employer is stopping me from getting unemployment and I believe other jobs as I do not get any calls back after the background check is complete.
My question is, can I sue for defamation, slander? I need to provide for my family.

First, practically every employer will make up a story about why an employee is terminated. The unemployment insurance hearings officer hears these stories all the time, and can usually tell if the employer is lying. However, you have to defend yourself, appear at the hearing if necessary, and explain exactly what happened. If you have any former coworkers who would be willing to testify in your behalf, or if you can contact the client and get the client to testify for you, then that would be idea. But, if you cannot, then all you can do is explain your side of things to the hearings officer and hope that he/she will see through the employer's games.

Concerning a lawsuit for slander/defamation, you can sue, but you must prove that the employer is actually damaging your reputation. The way to accomplish is to find someone who is willing to pretent to be a prospective employer, and have them contact your former employer and question them about your employment. If the employer starts telling lies, then you will have a witness who can testify to the reputation injuring statements, and that would give you a slander/defamation lawsuit.

It would also give you a lawsuit for something called "intentional interference with prospective economic relations." This is a lawsuit where the former employer attempts to prevent you from obtaining future employment for a wrongful purpose.

Please let me know if I can be of further assistance.
socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 4 years ago.

what type of an attorney would I need to file a lawsuit?

(intentionally deleted to protect the author's intellectual property rights. If the customer reopens the question, then the deleted answer will be reinstated)