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While the average settlement for wrongful termination cases in California is around $40,000, the average value of a court verdict in wrongful termination cases is slightly larger, around $45,000 (but do keep in mind that attorney fees for legal representation in a wrongful termination trial will skyrocket, too).
Defamation law Defamation is unlawful since employees have the legal right of a good name. You can sue a defamer based on defamation laws in the state of California. In order to bring a lawsuit, you must prove that the false statements meet certain requirements.
While the average settlement for wrongful termination cases in California is around $40,000, the average value of a court verdict in wrongful termination cases is slightly larger, around $45,000 (but do keep in mind that attorney fees for legal representation in a wrongful termination trial will skyrocket, too).
Unless your employer violates an employment contract or promises made in a company handbook, or uses the false accusation to cover up an illegal reason for terminating you, there's no law that prevents your employer from terminating you based on a false accusation.
What is unlawful termination? Section 772 of the Act says that an employer must not terminate an employee's employment for one or more of the following unlawful reasons:trade union membership or participation in trade union activities outside working hours (or during working hours with the employer's consent)
Instead, employers give a false reason, such as bad performance or misconduct. Therefore, to prove wrongful termination, you generally must show that the employer's stated reason is false and that the real reason is an illegal one.
Unless blatant, wrongful termination is difficult to prove and requires the employee to document as much as possible and seek effective legal representation from experienced attorneys.
Go directly to your supervisor after you hear a false accusation. It is your employer's job to investigate the circumstances related to false accusations because they must ensure a safe working environment that is free from hostility.
Employment discrimination and wrongful termination cases are difficult to win because the employee must prove that the employer acted with a specific illegal motivation (i.e. the employee was fired because of his race, sex, national origin, etc.)An employer or manager will rarely admit it acted with illegal motives.