• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Fired?? Slander?? Sexual Harassment?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

V

vcand

Guest
What is the name of your state? Florida

I became employed with a LARGE company about 2.5 weeks ago. It was the last day of week 1 of training. It was a day of goofing off and games and such. There was an instance where I switched computers with a female friend in my class. Upon the completion of my switch, I returned to my computer, turned on the monitor and an Instant Message popped up saying "they're all nude" or "they're all nude girls" or it was something really similar to that effect, from another friend in my class. My response to that comment including the word "nude" was, "I like nude girls too!!". It was a harmless comment not directed at anyone and was a simple statement in response to the initial comment sent AND no one took offense to that statement and both employees involved do not agree with my alleged termination. Well, after seding that IM, I noticed that the computer was still logged into the previous employees account. She had failed to log off and I made the instinctive reaction to respond to that IM sent to her without first verifying this was actually my account. So, the account holder went and filed a complaint with management for my unauthorized use of her account AND for the comment I made. I was pulled into an office and given a warning and was told to basically "be more careful in the future".

Company guidelines do NOT give notice that it is against company policy to 1. Use another persons account. 2. Use of the word "nude" or any similar comment when sending IM's. So how am I to have known I broke a company rule if it had not been previously stated to me. I had been employed with that company for only 1 week and was given a company handbook which does NOT address those issues.

Sunday evening I received a phone call and was told that the complaint had been escalated to upper management for review and that I would be contacted as to their decision regarding my employment. I was also told not to come back to work until a decision was made but that I was not fired at that time. So I technically was never fired.

Here it is 4 days later and I have NOT received notice either way. I emailed upper managment who will be reviewing the complaint with a full description of my side of the events (something that previously was unasked from me) and have yet to have received a response. Well, the class instructor had told the class (at least the employee involved) that I was *fired* for "sexual harassment" over this issue. Word has traveled fast that I have been fired for "sexual harassment". So what was a simple mistake in accidently using someones account and responding to an IM containing the word "nude", which was sent to them, with the word "nude" has turned into my alleged firing for sexual harassment being spread around.

So my questions are as follows:

1. I know I live in a "right to work state", but would my eventual "official" termination for breaking company policies that were NEVER displayed or expressed to me be a violation of any rights I may have as an employee? (The company handbook here clearly does not say anything in regards to what I am in trouble for).

2. Would trainers, managers and employees spreading around that I was fired for sexual harassment, when I have yet to be fired, be considered slander in any way? The definition for slander I found is: "Oral communication of false statements injurious to a person's reputation." and " false and malicious statement or report about someone". Or could the employee that filed the complaint be held accountable for imbelishing the reasons for the complaint. There was only 3 employees who had knowledge of this situation. 1. the person involved 2. the HR person 3. The upper manager who it was escalated to. I know that the person that made the initial complain was not involved in saying this because she doesnt agree with me getting written up. So that leaves 2 people that could have started telling everyone.

3. Is there anything I missing or that I could research? I mean, I like that job (the whole 1 week that I was there) and I saw a long term future with this company. But because of 1 stupid mistake that was not damaging to the employee or the company, I was allegedly fired (though I have not been notified and I still have all my access and rights).



Thanks for you help!!
 


HomeGuru

Senior Member
vcand said:
What is the name of your state? Florida

I became employed with a LARGE company about 2.5 weeks ago. It was the last day of week 1 of training. It was a day of goofing off and games and such. There was an instance where I switched computers with a female friend in my class. Upon the completion of my switch, I returned to my computer, turned on the monitor and an Instant Message popped up saying "they're all nude" or "they're all nude girls" or it was something really similar to that effect, from another friend in my class. My response to that comment including the word "nude" was, "I like nude girls too!!". It was a harmless comment not directed at anyone and was a simple statement in response to the initial comment sent AND no one took offense to that statement and both employees involved do not agree with my alleged termination. Well, after seding that IM, I noticed that the computer was still logged into the previous employees account. She had failed to log off and I made the instinctive reaction to respond to that IM sent to her without first verifying this was actually my account. So, the account holder went and filed a complaint with management for my unauthorized use of her account AND for the comment I made. I was pulled into an office and given a warning and was told to basically "be more careful in the future".

Company guidelines do NOT give notice that it is against company policy to 1. Use another persons account. 2. Use of the word "nude" or any similar comment when sending IM's. So how am I to have known I broke a company rule if it had not been previously stated to me. I had been employed with that company for only 1 week and was given a company handbook which does NOT address those issues.

Sunday evening I received a phone call and was told that the complaint had been escalated to upper management for review and that I would be contacted as to their decision regarding my employment. I was also told not to come back to work until a decision was made but that I was not fired at that time. So I technically was never fired.

Here it is 4 days later and I have NOT received notice either way. I emailed upper managment who will be reviewing the complaint with a full description of my side of the events (something that previously was unasked from me) and have yet to have received a response. Well, the class instructor had told the class (at least the employee involved) that I was *fired* for "sexual harassment" over this issue. Word has traveled fast that I have been fired for "sexual harassment". So what was a simple mistake in accidently using someones account and responding to an IM containing the word "nude", which was sent to them, with the word "nude" has turned into my alleged firing for sexual harassment being spread around.

So my questions are as follows:

1. I know I live in a "right to work state", but would my eventual "official" termination for breaking company policies that were NEVER displayed or expressed to me be a violation of any rights I may have as an employee? (The company handbook here clearly does not say anything in regards to what I am in trouble for).

2. Would trainers, managers and employees spreading around that I was fired for sexual harassment, when I have yet to be fired, be considered slander in any way? The definition for slander I found is: "Oral communication of false statements injurious to a person's reputation." and " false and malicious statement or report about someone". Or could the employee that filed the complaint be held accountable for imbelishing the reasons for the complaint. There was only 3 employees who had knowledge of this situation. 1. the person involved 2. the HR person 3. The upper manager who it was escalated to. I know that the person that made the initial complain was not involved in saying this because she doesnt agree with me getting written up. So that leaves 2 people that could have started telling everyone.

3. Is there anything I missing or that I could research? I mean, I like that job (the whole 1 week that I was there) and I saw a long term future with this company. But because of 1 stupid mistake that was not damaging to the employee or the company, I was allegedly fired (though I have not been notified and I still have all my access and rights).



Thanks for you help!!
**A: if and when you are fired, then post back.
 

Beth3

Senior Member
1. "Right to work" means you aren't compelled to join a union in order to be employed. What you mean is you work in an "at will" State.

2. If they do terminate your employment, nothing in your post suggests you will have any legal recourse. At will means you can be discharged for any reason except a specifically prohhibited one. Being fired because the company feels you acted inappropriately is not a prohibited reason.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top