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Company Responsibility

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babber

Guest
I was terminated in haste and botch internal investigation for sexual harassment. Since my termination, I brought forth substantial proof that negates the allegations against me. I hired an attorney to handle my wrongful termination lawsuit. My employer's lawyer and my lawyer are in talks and negotiation. The complainant is still working at the company and not suing the company. My questions are that the company has asked all parties involved in the investigation to keep this in extreme confidence. The complainant has not followed the company directive and continues to talk about this incident and not follow the company confidentiality directive. The Company has brought this to the complainant attention on multiple occasion by VP of HR and HR managers yet the complainant continues to violate the company request to keep this confidential and yet the company does not do anything to the complainant. She is not being written up or fired. If the matter is being handled by the lawyers doesn’t the company have a responsibility to take this matter more seriously and discipline complainant? Isn’t the company being irresponsible and contributing to my defamation of character by allowing the complainant to spread lies and slander my name.s the name of your state?
 


adjusterjack

Senior Member
There is nothing you or your lawyer can do to compel the employer to discipline or terminate the employee. The employer is probably walking on eggshells right about now and risks a lawsuit from that employee if they push too hard.

Is your accuser also named as a defendant in your lawsuit. If not, she probably should be, from the defamation point of view and being served with a summons and complaint might shut her up.

Of course, if no lawsuit has been filed yet, then it's all talk anyway.

Have you been offered any money by your former employer?
 
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babber

Guest
No money yet we are still negotiating. My lawyer sent a demand letter they said no it was cut and dry termination. When we replied with more evidence that negates what the accuser says they are now taking things back to discuss with the employer.
 

Zigner

Senior Member, Non-Attorney
I'm trying to figure out what you (or your attorney) think was unlawful about your termination.
 

cbg

I'm a Northern Girl
What law do you believe your employer violated by terming you? (Wrongful termination does NOT mean you were termed for something you didn't do.)
 
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babber

Guest
I was accused of sexual harassment. I did not harass anyone, the accuser lied. I have a large number of text messages and emails leading to a few days before the accusation.
 
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babber

Guest
I was let go because an employee lied. My employer did not do anything in good faith they did not consider properly investigating they chose the path of least resistance.
 

Zigner

Senior Member, Non-Attorney
I was accused of sexual harassment. I did not harass anyone, the accuser lied. I have a large number of text messages and emails leading to a few days before the accusation.
I was let go because an employee lied. My employer did not do anything in good faith they did not consider properly investigating they chose the path of least resistance.
Yes, I understand (or assumed) these things. That is what caused me to wonder what you (or your attorney) believes was unlawful about your termination.
 
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babber

Guest
My employer took the accuser information for face value they did not investigate with details, they did not consider testimony from others, they acted from impulse. My record is clean they promoted me, I never had any type of complain or issues my reviews are top notch. My employeer just dismissed me with our cause
 

cbg

I'm a Northern Girl
That, in itself, does not constitute a wrongful termination. It is not a wrongful term unless there is a specific law that was violated by terming you. So what law are you saying was violated?
 
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babber

Guest
I understand its an at-will employment but there was no reason none for them to terminate my employment.
 

Zigner

Senior Member, Non-Attorney
I understand its an at-will employment but there was no reason none for them to terminate my employment.
They don't have to have a reason to terminate your employment. All that matters is that your termination wasn't based on a protected characteristic (race, religion, sex, etc.) So, once again, what law do you (and/or your attorney) feel was violated?
 
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babber

Guest
I was wrongfully accused of sexual harassment but given no details to understand what was alleged to have occurred. The company then demanded a written response in 24 hours. Despite not having details or adequate time to obtain legal advice, My client cooperated with employer investigation, provided information which he was not required to provide and which negated the general allegation against him, yet his employment was terminated without reason. Since the termination the company senior management has stated that they I am not guilty and did not think the complaint was in good faith, but terminated my employment was still done solely to avoid potential litigation by the complainant.
The termination of my employment is wrongful. My contractual rights have been violated—including the loss of his already earned and calculated 2018 bonus—and his character defamed. It also appears that company discriminated against me because of his sex, by disregarding exculpatory evidence and ignoring evidence that his accuser was guilty of dishonesty and abusing company leave—policies that I was attempting to enforce when his accuser fabricated the allegations.
 
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