What to do if I’m being accused of forging a doctor’s note that was given to my employer for time I was out after life threatening surgery?

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What to do if I’m being accused of forging a doctor’s note that was given to my employer for time I was out after life threatening surgery?

No one at the doctor’s office is admitting to having signed the doctors signature and claiming a copy is not in my medical file even though it was hand delivered to the office. It has turned into a he said/she said situation and my employer is accusing me even though there is no proof of my having done anything wrong. I am now on paid administrative leave pending an ‘investigation’ that for past employees has always led to termination. I work for a small local government in an at-will state. Do I have any hope of being able to keep my job when I have no way disprove something I didn’t do?

Asked on August 24, 2015 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Working for a small local government in an employment at will state though all states are employment at will that's the nature of U.S. employment means have no right to your job and no real protections for it. If your employer believes that you may have forged a note, then they may suspend or terminate you based on that, even if they cannot prove it. It would be different if you were part of the civil service or had a written employment contract including a union contract then, they'd need to follow the specified disciplinary procedures and might not be able to take action if they had insufficient evidence.


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