Home     Law Advice     Insurance Advice     Community    
Job Discrimination and Harassment : Includes discrimination in employment on the basis of race, color, creed, national origin, gender, disability, etc.
Go Back   FreeAdvice Legal Forum > EMPLOYMENT AND LABOR LAW > Job Discrimination and Harassment

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 09-30-2009, 11:20 PM
Junior Member
 
Join Date: Sep 2009
Posts: 2

Are false allegations by an employee punishable?


What is the name of your state (only U.S. law)? Florida

My girlfriend is an office manager, and has recently been accused of racism by a disgruntled employee. This allegation appears to be being entertained by her managers despite her documentation of this employee's poor work performance. Is this legal? Is their any civil action that can be pursued due to the damage to my girlfriend's reputation as a result of this allegation? Please help!!What is the name of your state (only U.S. law)?
  #2  
Old 10-01-2009, 08:00 AM
Senior Member
 
Join Date: Oct 2004
Location: small town, PA
Posts: 5,816
The accusation does need to be investigated. However, even being a "racist", in and of itself (and I am taking no position, I don't know her), is not the issue. The issue is how whatever comments she has made or actions she has taken are perceived by the recipient to determine if illegal discrimination has occured in the workplace.

If she has done nothing to support the allegation, the fact that she has written up the accusers in the past will probably support her claim that this allegation is nothing more than retaliation and has no merit.

But the employer can't (or shouldn't) just ignore the allegation.

"Punishable" by whom?
__________________
---------------------------------------------------------------------------------------------------------------------------------------------------------
Nobody understands good sarcasm any more.
  #3  
Old 10-01-2009, 10:02 AM
cbg cbg is offline
Senior Member
 
Join Date: Nov 2001
Location: Massachusetts
Posts: 23,702
Also, "racism", to a certain extent, is in the eye of the beholder. If the employee honestly believes that she is racist, his right to say so is protected by the Constitution of the United States. And how does she propose to prove that he does NOT believe it?
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 07:31 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.