What do I do, and what are my rights

What is the name of your state (only U.S. law)? I am submitting this on the behalf of a very close friend who lives in Suffolk County, NY. He is an employee for a big named business which shall not be named at this time. For a long time he has been very concerned about the future of his employment at the company, but now he has wrongfully been accused of sexual harrassment, something I KNOW he is not guilty of. The company tried to make him sign a document that I believe would have made him admit to something he hadn't done, and he refused to sign it. His immediate supervisors tell him to say little, but he is very concerned about the situation. He is 50 years old, has worked full time for this company nearly four years and is very nervous about his standings at the company as a lot of layoffs and firings of long-standing full time employees, as well as some very questionable practices. What can he do to protect himself?

All he can do is cooperate with the investigation and not talk about it to anyone else but the person doing the investigation.

Thank You...

He has been cooperating with the investigation, other than signing that document. What I'm actually asking is does he have a right to legal representtion on his behalf, because he is so very nervous, I am afraid he might not be able to defend himself properly.

SapphyreDiva said:

What I'm actually asking is does he have a right to legal representtion on his behalf, because he is so very nervous, I am afraid he might not be able to defend himself properly.

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It is never a bad idea to consult with an attorney, but it is an internal investigation, not a criminal or civil investigation. At this point he has no need to legally defend himself.

New York is an "at-will" state. If the accusations are justified and he is fired he will have very little recourse. He will actually have very little recourse if he's fired regardless of whether he did it or not.

Keep in mind that his employer is not a court of law and they are not required to have proof beyond a reasonable doubt - or proof at all. He can legally be suspended or even fired on suspicion of misconduct - even if the employer is wrong and he is completely innocent.

Fair? Maybe not. Legal? Yes.

So his best bet is to be completely cooperative with the investigation as that is the most likely way of clearing his name, if indeed he is innocent. (Unless you were with him every second of every day, you do not KNOW that he is innocent - also, it is possible to sexually harass someone without being aware that you are doing so.)

cbg said:

Keep in mind that his employer is not a court of law and they are not required to have proof beyond a reasonable doubt - or proof at all. He can legally be suspended or even fired on suspicion of misconduct - even if the employer is wrong and he is completely innocent.

Fair? Maybe not. Legal? Yes.

So his best bet is to be completely cooperative with the investigation as that is the most likely way of clearing his name, if indeed he is innocent. (Unless you were with him every second of every day, you do not KNOW that he is innocent - also, it is possible to sexually harass someone without being aware that you are doing so.)

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You are wrong. Sure anyone can be fired for suspicion of misconduct however, if the OP can prove he was wrongfully accused of sexual harrassment in the work place and was fired for it, he stands a good chance of recovering damages as a result of termination. So...in essence he can't be legally fired for a suspicion of misconduct if such suspicion is wrong and damages the OP as a result of terminating him for such wrongful suspicion.

Willlyjo said:

You are wrong. Sure anyone can be fired for suspicion of misconduct however, if the OP can prove he was wrongfully accused of sexual harrassment in the work place and was fired for it, he stands a good chance of recovering damages as a result of termination. So...in essence he can't be legally fired for a suspicion of misconduct if such suspicion is wrong and damages the OP as a result of terminating him for such wrongful suspicion.

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Please provide a cite for your drivel...maybe a reference to case law...anything to back up the nonsense you posted.

Put your money where your mouth is, willyjo. Post a link to the law that backs up your claim (I assure you, I can post a link to the law that will back up MY claim) or else cease trying to sound like you know what you're talking about when it is so clear that you don't.

So...in essence he can't be legally fired for a suspicion of misconduct if such suspicion is wrong and damages the OP as a result of terminating him for such wrongful suspicion.

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Complete BS. I can fire any one of my employees because I think that they are alien spies from Alpha Centauri. I would be wrong, but they would still be fired and collecting unemployment.

Willlyjo, your complete state of denial of your own ignorance is astonishing. How can you possibly be that clueless and not know it? Perhaps you know you're wrong, but you have the maturity of a 14 year old and therefore refuse to admit it, stubbornly continuing to display your complete lack of knowledge.