Can I be fired due to a false allegation that has been made against me by a co-worker?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I be fired due to a false allegation that has been made against me by a co-worker?
A co-worker has accused me of assaulting them during business hours yet the allegation is completely untrue. Now my job may be threatened. He stated that I grabbed his head and violently shook it. It took him over 24 hours to report this, as it supposedly happened yesterday after he was found he was found to have done faulty work. In a lighthearted manner I tapped him on the top of his head with a business card, during a conversation, but with no malicious intent. We laughed about this yesterday but today he exaggerated what really happened, into a violent act which it never was.
Asked on July 7, 2011 under Employment Labor Law, New Jersey
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unfortunately, yes you could be terminated or this. In fact if you are an "at will" your employer can hire or fire you for any reason or no reason whatsoever. Exceptions to this would be if there is a stated company policy to the contrary or there is a union/employment agreement that prohibits such action. Also, it would be illegal if this situation is due to some form of discrimination. Bottom line, based of the facts presented, your employer is well within its rights.
At this point your best bet is to speak with your HR department or or boss. Stay calm and clearly state you side of the story.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.