Co worker lied to get me fired

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tsav08

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Apple Valley, San Bernardino County, California. I was terminated based on a co workers lies and exaggerations. This occurred November 2007 so time is of the essence.

This woman received "threatening and vulgar" phone calls over the weekend and when I came in on the following Monday I was suspended for making these calls. She had told the employer that they were traced by the police to my phone and that I had made the calls or my boyfriends 16 yr old daughter had made them. She also said they were confirmed by the police and that "felony charges were pending". They "investigated" and fired me the following Thursday. They sent me a letter saying it was confirmed I was the person who made the calls and because of this and the other issues with her was why I was being terminated.
I spoke to the officer who took the report and he said I was NEVER even a suspect because it was a man who made the calls (I am a 38 yr old woman) and that the phone number was not mine. That she was determined to pin it on me from the start. There were aprox. 5 calls that were vulgar in nature and nothing about death threats were heard by the officer.
The phone number was later confirmed by me to have been my boyfriends daughters cellular phone, which I do not pay for NOR does she live in my home. She has legitimate reasons for having her phone number aside from my employment there. I found out that the calls were made by one of her friends and she had nothing to do with any of it nor was she even there at the time. She was unaware that the calls were made until I was terminated. She spoke to the officer about who had the phone at the time and gave all the information she could.
This person is a 17 yr old male who doesn't reside in our state and refuses to come forward. He had made several calls that weekend as prank calls and I have several people to confirm this. None of the other people received anything but sexual comments and general annoyances.
Then she filed a restraining order on me because she felt she was in fear because I blamed her for my termination. The order was granted for 2 months to avoid any possible problems but not on merit of evidence.
I am a Code Enforcement officer (peace officer gun certified) and a California Notary. This has tarnished my reputation, cost me my job, loss of income, insurance coverage, possible future job issues and LETS NOT FORGET THE STRESS!!
I would like to sue the employer for wrongful termination and her personally for her cause/part in the entire thing. Where do I go, what does anyone suggest I do and most importantly does anyone think I have a case? I have even considered filing a small claims case against her for the max. aloud by my state even if it is only a fraction of the actual loss. My concern is clearing my name over the financials.
 
You do not have a claim against your employer for wrongful termination. Wrongful termination does not mean that you were fired for something you didn't do; it means that a specific law prohibits the employer from firing you for the reason they did. It is LEGAL to fire you on suspicion of misconduct, EVEN IF the employer is mistaken.

However, if you can prove that the co-worker was lying, you may be able to take action against her. The burden of proof will be on you to show that she was deliberately lying, and not honestly mistaken.
 
Well, thank you for the "wrongful term" clarification.
I don't know how I can prove the calls were not threatening since I didn't make the calls. I CAN PROVE it was a man, not from any phone I own and there were other people who were called with no threats made to them. I do have a police report that states a lot of that, yet there are a lot of mistakes in what the officer even said, for both parties. I don't think the officer will write another statement or come to small claims court, but I can try.
I just know I didn't do this nor have anything to do with it! Unfortunately, It just happened to work out that it came from my boyfriends daughters cell phone. The drama and the lies she told have left me seeking closure and retribution. It all boils down to prank phone calls from a teen boy on a Saturday night,(I'm too old to waste my time)yet, I am the one who lost my job and has the tarnished reputation. Do you think small claims against her personally would have any merit? Or should I just lick my wounds?
I'm still perplexed!
 
I would suggest that you discuss this with a local attorney. Suits of this kind are not easy to win and you will do better with experienced assistance.
 
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