If someone files a false harassment charge against me, canI be terminated immediatley without proof or an investigation?

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If someone files a false harassment charge against me, canI be terminated immediatley without proof or an investigation?

Asked on December 1, 2011 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you do not have an employment contract, you are an employee at will; an employee at will may be terminated at any time, for any reason, even a reason that is incorrect or false. So if you don't have an employment contract, you could be fired without proof or investigation. (If you do have a contract, its terms in regard to termination may be enforced, and so it may, depending on what the contract says, protect you.)

If the factual allegation of harassment is false, you may be able to sue the person who made the harassment for defamation; this is something you should discuss with an attorney if you think, as you evidently do, that the charge was false.


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