What can we do if my husband was fired from his job because he was accused of sexual harrassment however the investigation showed no evidence of it?

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What can we do if my husband was fired from his job because he was accused of sexual harrassment however the investigation showed no evidence of it?

My husband works as a technology person at a school and was accused of sexually harassing a student. He was put on leave during an investigation. The findings showed no evidence of verbal or physical harassment but they fired him. We are appealing their decision to the school board but is there any legal recourse we can take? The employer also decided to add on that he was not doing his job and was insubordinate, without any proof.

Asked on December 12, 2011 under Employment Labor Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As a general matter, employees may be fired at any time, for any reason, unless they have a contract, including a union agreement, to the contrary, or are subject to civil service or similar rules. Review any rules or contracts governing your husband's employment to see what rights, if any, he has in this regard.

You may be able to sue the person who made the false accusations for defamation; you may be able to sue the supervisor for defamation, too, for claiming your husband was insubordinate, etc. Defamation is the public (so, to any other people) making of false statements of fact (note: opinions are not defamation; only factual claims), which damage a person's reputation. If you believe your husband was defamed, consult with a personal injury attorney to explore your possible recourse.


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