San Francisco, CA employment attorney Traci M. Hinden talks about what you should do if you’re terminated for a reason that is not true. She explains that an employee who is terminated based on a false reason may potentially have a defamation claim in addition to a wrongful termination claim. She describes defamation as a situation in which someone makes a false statement, either orally or in writing, that harms the individual’s character, reputation, or standing. She emphasizes that the statement must be untrue and damaging to the person’s reputation to potentially support a defamation claim.

She provides an example involving a former client who was falsely accused of having a sexual relationship with her boss. She notes that the accusation was completely untrue, as both the client and her boss were in separate committed relationships with other people, but the employer continued to question and accuse her and ultimately terminated her employment because it did not believe her. She explains that the client therefore had not only a wrongful termination claim but also a potential defamation claim based on the false accusation.

She further cautions that defamation claims have a significantly shorter time limit than many other employment-related claims. She notes that a defamation claim generally must be brought within one year, whereas other types of employment claims may have limitations periods ranging from two to four years depending on the specific claim.