is it legal froa n employer to terminate someone on a sexaul harassment alligation? and not tell the accussed anyting but that?

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is it legal froa n employer to terminate someone on a sexaul harassment alligation? and not tell the accussed anyting but that?

my husband was terminated yesterday for alligations of sexual harassment . he was asked if he had anything to say, and said can i appeal it and they said no its there final decision

Asked on May 29, 2009 under Employment Labor Law, Ohio

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

I doubt that you will be able to do anything about this.  Unless your husband had a contract with his employer, or they had an employee handbook which could be read to give him some contractual rights (very difficult argument, even for experienced lawyers), as an "at will" employee he can be fired for no reason at all, as long as there isn't an illegal reason behind it.  One of those illegal reasons is retaliation for complaining about sexual harassment, but that protects the victim, not someone accused of doing it.

Failing to take sexual harassment complaints seriously enough can be a very expensive mistake.  It's highly unlikely that a court would act against your husband's employer for taking such a complaint too seriously, except in a very extreme case or if it was done in a manner that was itself illegal discrimination (for example, giving people accused of harassment a fair hearing except black men accused of harassing white women).

For reliable advice, based on all of the facts of this case (and I know that there is more than you could, or would want to, put in this question), please talk to a qualified employment attorney in your area.  One place you can find a lawyer is our website, http://attorneypages.com


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.

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