How do I challenge being fired from work for what I consider to be a false sexual harassment claim?

UPDATED: Sep 30, 2022

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How do I challenge being fired from work for what I consider to be a false sexual harassment claim?

About a year ago a co-worker and I started having a relationship outside of the workplace. It never materialized into anything but the casual flirty comments still happen at work from both parties. The thing is though is that she still wants to be with me, and I have the messages to prove it, but she has now married another man. Anyway, I walked into work today to find out that she has claimed sexual harassment and so I lost my job, even though I have messages archived to prove otherwise, that what she’s claiming is a lie. What can I do?

Asked on June 13, 2016 under Employment Labor Law, West Virginia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The fact is that an employee can be fired for this reason, any reason or no reason at all, with or without notice. That is unless doing so violates company policy, a union agreement or employment contract. Also, such action must not constitute some form of legally actionable discrimination (which it does not appear to have). The fact is that in an "at will" employment setting, a company can set the conditions of the workplace much as it sees fit. That all having been said, you should consult directly with an attorney as to all of this. Being falsely dismissed can effect your prospects for future employment, etc. While you may not get your job back, you can at least clear your record.

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 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.

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