Is this wrongful termination?
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Is this wrongful termination?
I was terminated from my job for sexual harassment. My accuser said I made comments to her on specific dates but the thing is I wasn’t even at work on any of those days; I have photographic proof. The production manager that assisted the HR manager in the investigation leading to my termination. I have him on a recording telling me and and my steward that he and I have a history. I also have photographic proof that same manager falsified company documents by planting a warning notice in my work file prior to my termination.
Asked on January 14, 2017 under Employment Labor Law, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Unless you had a written employment contract preventing your termination in this circumstance, or requiring some disciplinary procedure to be followed which was not, you were an employee at will and could be terminated at any time, for any reason whatsoever--including factually incorrect or untrue ones. So the termination was legal, because they could terminate you over an unproven or even provably false allegation; they could simply decide to terminate you because they want to terminate you, after all, if you are an employee at will.
That said, any person or persons who lied about you to others to get you fired may have committed defamation: defamation is the making to others of untrue factual statements which damage another's reputation or cost him money. You therefore may be able to bring a legal action (i.e. sue) against anyone who provably lied against this; if you want to explore this option, consult with a personal injury attorney.
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