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Fired for something outside of work-not work related

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debshea1959

Junior Member
What is the name of your state (only U.S. law)? North Carolina I worked for an apartment management company and someone within the organization alledged to my showing up to work on my off time after having consumed alcohol. I was not on the clock and I didn't interact with anyone. The whislteblower was an employee (my subordinate) that didn't like me because I inforced the rules. She went behind my back and made up allogations and rumors and the management company believed her - even though there is no proof. Do I have a basis to file a suit against this company and person for harrassment in the workplace? Any advice would be appreciated. They have offered to pay for my PTO and days worked through the day of termination. My insurance will be over at the end of February. This is making it very difficult to find another job as I am well known in this area for my accomplishments over the past 13 years.
 
Last edited:


eerelations

Senior Member
This was a legal termination. Employers may legally fire their employees as a result of allegations made against said employees, even if those allegations turn out to be false. Employers may also legally fire their employees for off-job conduct.

You don't have a case for harassment. Not all forms of harassment are illegal. Harassment in the workplace is only illegal if it's based specifically and directly on things like race, religion, gender, age, and/or disability. The harassment directed at you by your subordinate was not illegal harassment.

Regarding your benefits, you should be eligible to apply for COBRA/ARRA. Your former employer is required to send you the paperwork for this within 45 days of your termination date.

Finally, I disagree with you about this making it difficult for you to find a new job. If you are well-known in your area for 13 years' worth of accomplishments - assuming these are positive accomplishments - then this incident will seem small by comparison.
 

HomeGuru

Senior Member
What is the name of your state (only U.S. law)? North Carolina I worked for an apartment management company and someone within the organization alledged to my showing up to work on my off time after having consumed alcohol. I was not on the clock and I didn't interact with anyone. The whislteblower was an employee (my subordinate) that didn't like me because I inforced the rules. She went behind my back and made up allogations and rumors and the management company believed her - even though there is no proof. Do I have a basis to file a suit against this company and person for harrassment in the workplace? Any advice would be appreciated. They have offered to pay for my PTO and days worked through the day of termination. My insurance will be over at the end of February. This is making it very difficult to find another job as I am well known in this area for my accomplishments over the past 13 years.
**A: even if you file suit, you will not get your job back so you would be better off spending time and money trying to find a new job.
 

Hot Topic

Senior Member
The subordinate didn't "allege" that you showed up at work on your own time and that you'd been drinking. He/she was being truthful; you called it "whistleblowing." If you drove in after or while drinking, your interaction with someone could have resulted in a double tragedy.
 

las365

Senior Member
I'm going to pick a nit here, even though legalliy it doesn't make any difference.

someone within the organization alledged to my showing up to work on my off time after having consumed alcohol.
I was not on the clock and I didn't interact with anyone.
So you did go there after you had been drinking. Your employee reported it. The employer didn't like it.

Dang it, Hot Topic, you beat me to it.
 

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