What are an employee’s rights to defend themselves against false allegations?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are an employee’s rights to defend themselves against false allegations?
At will employee terminated for cause (alleged criminal act) on another employee. If the employer does not provide the name of the person who made the allegation or the alleged witness and since I have no right to defend my position at work, how would I be able to actually prove that these unknown person(s) said these things that are untrue? In what, if any circumstance, would my former employer be required to release this information so that I could defend myself against these defamatory comments?
Asked on September 15, 2011 under Employment Labor Law, Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
First, you have no recourse in terms of retaining or restoring your position, unless you had an employment contract which laid out specific grounds or processes or procedures for termination; if you had such a contract, it is enforceable and you may only be terminated in accordance with it, but if you did not have such a contract, you were an employee at will. As an employee at will, you may be fired for any reason, at any time--even for unproven, or even false, allegations.
There is no way to make the employer release this information to you unless you file a lawsuit for defamation; once you have filed a lawsuit, there are ways ("discovery") to obtain the information. If you believe you were defamed by false accusations--i.e. someone made false statements of fact about you, which damaged your reputation--you should consult with a personal injury attorney about whether to file an action. It's not a bar that you do not yet know the name of the person defaming you; you can file naming the company and fictitious defendants (e.g. "John Doe Number 1"), then use discovery to find out who it was.
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.