Falsely accused of dealing drugs at the bar I worked at for 5 years. No truth at all. Owner telling customers,when asked why i no longer work there, " She was fired because she was dealing drugs".
If your employer had a good faith belief you were dealing drugs, then it will be hard--but not impossible--to fight your discharge. However, if the employer has been telling customers that you were dealing drugs, and that is false, you may have a claim for defamation.
I suggest you file for unemployment and then contact an experienced employment attorney to discuss your case. Many of us will provide a free consultation.
This answer is provided for informational purposes only and should not be relied on as legal advice. You should be aware that no attorney-client relationship is established through this answer and none will be established without a personal consultation and the signing of an engagement agreement.
You should file for unemployment immediately if you haven't already done so. If your employer fights the claim and wins, it is difficult to see how you would have a claim because unemployment will only be denied if you were discharged for gross misconduct. If you the employer does not fight you on the unemployment claim, you should consult with an employment attorney to see if there is any basis for a claim against the employer.
I agree with my colleagues above. In addition to the suggestions above, you may want to hire an attorney to send a cease & desist letter to the bar so that the owner stops telling people that you were selling drugs on the job. There is no guarantee that the owner will heed the advice, but it is usually effective in this context for a business owner to know that his/her words are getting back to you and that you have an attorney ready to sue them if they do not shut up immediately.
Hello! DISCLAIMER AHEAD, PLUS A RECIPE. I hope my answer helps you, but please know that it is NOT legal advice. My answer is an educated hunch and nothing more, because I do not have all the facts in front of me, and there is no way to do that (nor should you) in a public post. To get my official Grade A legal advice, we need to talk in person, and I will probably have to look at documents related to your situation before I can give you an answer. This may be free, or it may cost a small fee--it all depends on how much information I have to wade through to figure out how to help you. SOME AVVO PRO-TIPS: the lawyers who answer your questions here are NOT allowed to tell you to call us for more information or that we can take your case--EVEN IF YOU ASK US TO in response to our answers. We get banned if we do that. Also, lawyers have no mechanism to contact you privately either---we can Avvo-message you ONLY if you contact us first through Avvo Message. So if you ask us in your question to take your case, you will hear nothing but crickets. There is good news though. Most of us here in the Employment Law section are really trying to help people. If we take time to answer your question, you can assume we have ideas about your situation and we are sympathetic to your plight. This means it is absolutely worth following up with some or all of the lawyers who respond to your question. Message us through Avvo, and/or look up our contact information (on Avvo, Google, etc.) and follow up with all of us directly. [NOTE: If you do this, please tell us which question we answered---again, Avvo tells us nothing if you message us privately after we've answered your question.] ONE LAST THING: even if every lawyer on Avvo---including me!---says that you do not have a case, do not take no for an answer, at least not yet! Again, we cannot possibly know everything we need to know to make that assessment definitively, and anyone who says otherwise on this page is wrong for doing so. Consider what any of us say to be useful tools for asking the right questions when you follow up in person, with a real *employment lawyer*. Keep fighting for your rights, and don't stop until more than one employment lawyer tells you it's a lost cause. Good luck! Go get em. [Ps: there is no recipe. Just wanted you to read to the end so I can cheer you on to keep fighting. Also, if you read all the way to the end of this, I can promise you that you are EXACTLY the type of conscientious client that most of us would be thrilled to represent. :) ]
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