California Employment Law

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California Employment Law
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I have been suspended while my company investigates

I have been suspended while...

I have been suspended while my company investigated 2 employees had stated I falsified records and stated I forced them to cheat on,surveys .I am the general manager of a restaurant company and have never had issues. It all stems from the fact I had told these individuals that they may have to work Sundays when needed and they got upset. I asked the company to please investigate as I have no reason to cheat and my numbers have never changed and they are causing harm to my integrity . I have now recd a 5 page letter stating that I must sign and return within 48 hours to defend myself but the bottom paragraph clearly states that my area director wants me terminated. Without clear evidence do I have a case?what can I do to protect myself isn't this retaliation from my employees 

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Answered in 1 hour by:
8/25/2013
Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
Experience: Extensive experience representing employees and management
Verified
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

I need some additional information from you before I can proceed to give you a complete and thorough answer to your question.

Can you tell me if you are an at-will employee or do you have an employment contract with your employer?
Ask Your Own California Employment Law Question
Customer reply replied 4 years ago

At will employee

Hello Mario,

Thank you for that clarification?

Also, just for additional clarification, you would be claiming that the employees are retaliating against you for requiring them to work Sundays, not because of any protected characteristic (race, gender, national origin, ethnicity, or sex) or any protected type of activity you engaged in?

Is that right?
Ask Your Own California Employment Law Question
Customer reply replied 4 years ago

That is correct!!

Customer reply replied 4 years ago

I have not rec'd an answer. Only a pop up to rate you? are you working on the question?

Hello Mario,

Yes, I'm working on the question and will get back to you shortly.
Ask Your Own California Employment Law Question
Customer reply replied 4 years ago

Thank you Joseph

Hello Mario,

I’m afraid that the retaliation that you describe here is not protected in anyway, so it is not illegal for your employees to have made these claims except that they are (obviously) defamatory.

Additionally, I regret to inform you that as an at-will employee, you can be terminated at any time for any reason with or without any prior notice, including a bad or false reason (such as the false allegations made against you).

This stems from the employment at-will doctrine, which is codified in California Labor Code Section 2922 and 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.”

So, I’m afraid your only cause of action would be against the employees who made these false allegations about you for defamation.

I realize the above information is not what you wanted to hear and I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Thanks and best of luck!

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
Experience: Extensive experience representing employees and management
Verified
Joseph and 87 other California Employment Law Specialists are ready to help you
Ask your own question now
Hello Mario,

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question and/or requesting me directly in California Employment Law.

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph
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Joseph
Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
5,299 Satisfied Customers
Experience: Extensive experience representing employees and management

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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