If I work for a school and my employer is trying to get me fired based on untrue “facts” that were all word of mouth, is there anything thatI can do?

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If I work for a school and my employer is trying to get me fired based on untrue “facts” that were all word of mouth, is there anything thatI can do?

I work for a school that I recently graduated from 2 years ago. I am friends with a student that is a senior there that I have been friends with since I was a senior. They have recently found out that I am gay and the student is too, and it is claiming a relationship. However we are only friends. The school is using information based off of claims which are untrue. My friend’s parents had mentioned my name to the attendance clerk for the campus and she is now claiming that they called me his boyfriend, which they did not. They also twisted what the student had said when they talked to him.

Asked on December 15, 2011 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

A critical issue is whether in working for the school, you have any employment contract or are subject to a union/collective bargaining agreement. If you are, then you need to reference the terms of that contract or agreement for the rules affecting discipline and termination. If you are not governed by some individual or collective contract, however, you can most likely be terminated at will by your employer, the school.

However, even at will termination may have some limits. Federal law does not protect sexual orientation, but a number of states (e.g. NJ, NY, CA) do. If yoiu are in a state which prohibits discrimination or harassment in employment on the basis of sexual orientation, you may have a cause of action and grounds to fight any termination.

Also, if the allegations against you are not true but are damaging your reputation, you may be able to bring a defamation suit against those publically (i.e. to any other people) making the allegations.


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