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Got terminated for something I didn't do, what's my next step?

Fullerton, CA |

I just got terminated and the reason for termination is Dishonesty. But I can swear in front of my parent's grave that I was been as honest as I can be.
While I learned that employer can terminate employee base on any reasons that THEY THINK its valid as long as its not ilegal but now the question comes down to be that if I will be eligible to collect unemployment.

I am confused as what my next step should be
Should I file for unemployment first?
And I am guessing if I file for unemployment, I will have to go to a court hearing, then court or myself will ask, through discovery, for the investigation files that my employer claims to show my dishonesty.
Or should I contact a lawyer first?

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Attorney answers 4


File for unemployment first. Then contact a NELA attorney to represent you at all stages of the hearing.

Herbert Tan, Esq.

The National Newark Building
744 Broad Street, 16th Fl.
Newark, New Jersey 07102
(973) 735-2681 (W)
(973) 735-2682 (F)

Manhattan Office
305 Broadway, 14th Floor
New York, New York 10007
(888) TAN-LAWS

Member of National Employment Lawyers Association (NELA)

Neil Pedersen

Neil Pedersen


I agree, but in California I would suggest you will find a richer pool of attorneys to choose from if you go to the CELA website, which is the California version of NELA. Good luck to you.

Marilynn Mika Spencer

Marilynn Mika Spencer



Contact an experienced employment lawyer who also understands Unemployment Insurance hearings with the EDD.

If dishonesty is not an accurate reason for the termination, you will need to explain to the story what you think is the true reason.

A good employment attorney will also take inventory of how you are paid, to make sure you were getting your proper wages, meal and rest periods, etc.

The first consultation is almost always free. So you have nothing to lose by talking to an experienced attorney.

Best regards,

David A. Mallen

David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.


The process for applying for unemployment is fairly straight forward and can be accomplished without consulting an attorney. There is information on the process on the Employment Development Department Website (see links below)
Basically, you are eligible for unemployment if you were laid off or terminated, unless the termination was for just cause. If, as you stated, you did not do what you were accused of and the employer has no evidence to the contrary, it is likely that you will be eligible for unemployment. If for some reason you are denied benefits, you will have the right to appeal. If that were to occur, It would be wise to seek an attorney's assistance at least in your preparation if not actually representing you at the appeal hearing.
If you feel you need assistance explaining your reasons for termination, then contact an attorney before you file your claim.
Hope this helps. Best of luck.

No Attorney-Client Relationship The use of this website and/or any information contained herein shall not create any attorney-client relationship between you and Amezcua-Moll & Associates, P.C.(or any of its attorneys). Prior to acting on any material based on the information contained herein, you should seek and retain an attorney licensed to practice law in the appropriate jurisdiction.


The process and proceedures for filing an EDD claim and filing a wrongful termination lawsuit are very different. Proceeeding with an EDD claim is fairly straighforward. However, you might want to consult with an experienced attorney to ensure that you are on the right path and that you present your claim in the best light. In the meantime, you might want consult with an attorney regarding your termination. However, your facts do not articulate that you were terminated in violation of any state or federal laws. If there is more inforamtion that you wish to share regarding your termination, please add a comment to your post.

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