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

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

Jamaica, NY -

Attorney Answers (3)

Vincent Peter White

Vincent Peter White

Employment / Labor Attorney - Jackson Heights, NY
Answered

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... more
Eric Edward Rothstein

Eric Edward Rothstein

Criminal Defense Attorney - New York, NY
Answered

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... more
Arthur H. Forman

Arthur H. Forman

Employment / Labor Attorney - Flushing, NY
Answered

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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