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Please my friend was terminated after a supervisor said He seen him scratch his car no witness we all know he is a liar.

Sacramento, CA |

He did not do anything at the time he claims the incident happen until a few day later .the employee worker for over 25 yrs. the new supervisor not even a year he has no credibility We all ok now he is a liar the company say they can fire at just cause with no evidence . Is this true we have a union , Can he sue for Wrongful termination .

Attorney Answers 4


  1. Best answer

    Only "at-will" employees can be terminated without cause. If your friend is a union member, there are restrictions on how an employer may terminate an employee, which are spelled out in the union contract. Your friend needs to speak with his union representative immediately.

    They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.


  2. You should immediately contact your union steward (representative).

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  3. If this whole incident has been "cooked up" as a pretext for discrimination or retaliation (for whistleblowing, for example), your friend MAY be able to file a lawsuit in court or go through union grievance-arbitration procedures.

    Talking to an experienced labor and employment lawyer, as well as the union steward, may be warranted in this situation. A 25-year job is at stake and your friend should educate himself on all the angles.

    Best regards,

    David

    David A. Mallen offers answers on Avvo as a public service, 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 the facts of your legal claim or the time limits for filing your claim, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen, offer confidential, no-risk legal consultations 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.


  4. If the union cannot assist you, it is unlikely you can sue the employer for wrongful termination because it is allowed to terminate you for any reason or no reason, and even an erroneous reason. You might have some rights against the individuals involved if you can prove this was all a big lie, but then you need to decide if suing another person who may not have many assets makes any sense.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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