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I have been discharged from my company last Friday. If I…

Hello. I have been discharged from...
Hello.
I have been discharged from my company last Friday.
If I file complain that I have been discharged with false reason
And I couldn't approve that , is the company have a right to sue me?
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Answered in 3 minutes by:
3/20/2018
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,006
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. While they could sue (anyone can sue anyone for anything), they wouldn't be able to win. The only case that they could sue for would be defamation. Defamation is a false statement of material fact communicated to a third party that causes quantifiable economic damage. I'm not going to talk about all of the elements that would have to be proven by them in a defamation case because there's an "official proceeding" exception to defamation. That is, if your allegations are made in an official complaint, they're almost always exempt from defamation cases. In other words, the employer wouldn't have a valid case against you, even if your allegations in the complaint couldn't be proven.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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Customer reply replied 1 month ago
Another question.
My colleagues in work will afraid to witness with me , as they will fear from firing too.
And they might force them to say something not true.In that case , what kind of protection could be provided especially that most of them working by H1b visa.
And if the company not sponsoring them they will not have a right to stay and work ,

There are anti-retaliation laws, meaning that they could have a lawsuit against the company if the company fires them for acting as witnesses in official hearings. That does not protect them from termination, I'm sorry to say, but only lets them sue IF they're terminated because of acting as witnesses.

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,006
Experience: Licensed Texas General Practice Attorney
Verified
ScottyMacEsq and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 1 month ago
Normally ,
What is percentage to win in my case.And normally how much time this case could take , is that months or years?
Customer reply replied 1 month ago
I mean normally in cases like that is there are high chance to win

I don't know the specifics of your case. You merely said that you wanted to file a complaint that you can't prove. You didn't even mention what agency you would complain to. If you can't prove it, and there's no evidence that is uncovered by the agency that would support your complaint, then you wouldn't win. Now if there was a case that had a high chance to win, that means that you would need evidence to prove your case. You do have the burden of proof to prove your case. But a "high chance to win" means a high "percentage". Now it could take either months or years, depending on how vigorously your employer would want to fight it. They could settle with you in a month, or they could fight it out, appeal, and then appeal the appeals, etc... all the way to the Supreme Court, and that could take 10 years. So it's really impossible to say the percentages or how long it would take, because there are so, so many unknowns and variables.

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Customer reply replied 1 month ago
Thanks for answer.If I am going to apply for another job in different company.Is there are a way that they could know that I sue my old company by social number or back ground check.Because , that is might affect new company decision for hiring me ,

That could potentially come up in a background check, because any lawsuit is public record. Now most of the time employers conduct criminal background checks, meaning that they're looking to see if you committed a crime or something like that. But it's possible that they could find out that you had sued a previous employer, yes.

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Customer reply replied 1 month ago
Is they can discover that I have been fired as well from background check?Sorry for these all questions , I am working in professional work. And what my company did with me could destroy my profession career especially it is not true reason .

No. That won't turn up in a background check.

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Unless they call your employer that fired you and that employer tells them that you were fired.

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