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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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I have been friends with a church member 30 years

Customer Question

I have been friends with a church member for over 30 years who is also an ADA passenger where I work (for years I have Picked her up for church, take to grocery store etc.) she constantly calls my phone throughout day & night (has done this for years) This particular day I asked her not to call my phone any more that night (approx. 4:00am) so she retaliated by leaving a voice message saying (which I still have) "I will call your job and police and tell them you slapped me" SHE DID... At the time of this false accusation I was Actually at work on the clock doing my job however I was terminated... Since my termination she has constantly left various messages (which I have) stating and apologizing that she made it up that she did not mean to get me fired Does that fall under wrongful termination? Especially since none of this ever took place also during the investigative meeting a comment was made that she is an ADA passenger and we cannot afford to lose our contract with them...Please help!!!
Submitted: 2 years ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Hello and thank you for your question. Please permit me to assist you with your concerns.
The answers that I will provide will probably be somewhat surprising and unexpected, so I ask that you do not blame the messenger.
First of all, I must say that what this person did to you is highly inappropriate, and if you were able to forgive her, you are a far better person than I ever will be. You are a victim here, but you are not a victim of 'wrongful termination'. Under law 'wrongful' does not mean 'wrong', it means 'illegal'--and it specifically refers to facts that are barred under law as being able to be used against you, factors such as your age, gender, race, religion, national origin, creed, sexual orientation or identity, and disability if any. Even if the reason you were terminated was found to be 'wrong', the termination is still valid, so while you can ask that they hire you back, you cannot sue them for wrongful termination. You can, however, pursue unemployment benefits from the state since it appears that while this may have been 'for cause', the cause was faulty based on your texts and messages.
But what you really have here is a case against her. Since she flat out lied and harmed your reputation, you have a direct suit against her for 'defamation of character' since she knowingly made false statements about you to third parties, and you were genuinely harmed by them (you lost your job). That damage can be attributed to her, and it does not matter if she is an ADA passenger or not, you can sue her for losses if you so choose. As far as losing the contract, if the company does not hire you back, this is not 'your' contract but theirs, and you have absolutely nothing to lose if you choose to sue her, and legitimately so, for your harm.
Dimitry, Esq.