Is this wrongful termination?

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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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