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?

UPDATED: Dec 12, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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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