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Can I sue my job for false accusation and defamation of character?

Jamaica, NY |

Today my restaurant job fired me and their reasons for firing me was because (1) I left my wallet at work and it was later recovered by a co worker who brought it to the manager. The next time I came in to work they told me I wasn't allowed too and that I had to speak to a general manager. When me and the GM spoke he said that he had found Marijuana in my wallet, which is false (It just may have smelled of it). Reason (2) was they claimed I allegedly overcharged a guest for their meal and also over extended the tip (which I also did not do ). I asked to see the receipt from that transaction for proof and they refused to show me. I believe that they are making up false reason and also accusing me of stealing just so they had a reason to fire me. Am I able to take legal action?
Thank you

Attorney Answers 3


  1. You have no case. Assuming you did not have a contract you could be fired for no reason or any reason except an unlawful reason such as based on race, religion or gender.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  2. You can always sue, but based on the information you provided here you would have very little chance of recovering anything.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/employattorney) or Facebook (http://www.facebook.com/WhiteRicottaandMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.


  3. No, but if you think the reason they have made up a story is related to your being a minority employee, you may want to consult an attorney or the NYS DIvision of Human Rights. Otherwise, you can apply for unemployment benefits and hopefully find another restaurant to work for,.

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