Is it legal to fire someoneover a hearsay situation with no proof?

UPDATED: Oct 18, 2010

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Is it legal to fire someoneover a hearsay situation with no proof?

I was not given a proper hearing or even asked what really happened. They give everyone else a meeting and a hearing and an option to agree whether they said what was accused of them or not. I did not get the same treatment. Is this grounds to sue for unlawful firing? Do they not have to treat every employee the same especially when it comes to firing?

Asked on October 18, 2010 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you do not have an employment agreement or contract (including a union or collective bargaining agreement) which states the grounds or procedures for termination, then there is no obligation on the part  of an employer to provide you with any hearing, chance to provide your side  of the matter, etc. Similarly, there is no general obligation to treat employees the same; employers may show favoritism, treat some employees better than others, give some employees hearings or another chance that they deny to others, etc.

The only exception would be if the reason for the differential treatment is illegal discrimination. Employers may discriminate on many grounds; for example, a red state employer could discriminate against people with liberal or progressive views, and a blue state employer versus those with conservative views. However, certain specific forms of discrimination are illegal: employers may not treat people differently on such bases as race, religion, sex, age over 40, and disability. If you think you were treated differently for one of those reasons, you should consult with an employment attorney to  see if you may have a case.

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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