Wrongful dismissal
Working as a contractor at two different sites, I was "dismissed" from the assignment based on false allegations and no follow up to my rebuttal pertaining to the allegations. I have now been out of work 3.5 months, have no health insurance, have dipped into savings, and I don't have any leads. I'd like to try to sue not only the contractor company but also the individuals making the false allegations. Is it legally possible?
1 answer | asked Jan 8, 2008 2:18 PM [EST] | applies to Pennsylvania
Answers (1)
It depends....
You have given me precious little information with which to assess your case, so I cannot give you anything remotely resembling legal advice.
I can tell you that Pennsylvania is an 'at will' state in which you can be fired for a good reason, bad reason, or no reason at all. Your employer can fire you if they think you're stealing even if they find out later you weren't.
Unless the termination violates 'public policy,' which, for the most part, means to our courts 'an act of the legislature' you are not going to have a wrongful termination claim against your former employer.
As to a claim for defamation of character or libel against your former coworkers, that requires you to 'prove the negative,' i.e., that the allegations are false, which is ordinarily a pretty unpleasant task ---- and defamation cases are very hard to win.
Harold
posted by Harold Goldner | Jan 8, 2008 2:41 PM [EST]
You have given me precious little information with which to assess your case, so I cannot give you anything remotely resembling legal advice.
I can tell you that Pennsylvania is an 'at will' state in which you can be fired for a good reason, bad reason, or no reason at all. Your employer can fire you if they think you're stealing even if they find out later you weren't.
Unless the termination violates 'public policy,' which, for the most part, means to our courts 'an act of the legislature' you are not going to have a wrongful termination claim against your former employer.
As to a claim for defamation of character or libel against your former coworkers, that requires you to 'prove the negative,' i.e., that the allegations are false, which is ordinarily a pretty unpleasant task ---- and defamation cases are very hard to win.
Harold
posted by Harold Goldner | Jan 8, 2008 2:41 PM [EST]
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