Company Responsibility

[Taxing Matters]

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

The important thing here is that the employer does not need a reason, much less a good reason, to terminate you. When the employer is not a government agency, then the employer may legally fire you for any reason (or no reason at all) except for a few reasons prohibited by law. The prohibited reasons include firing you because:

• of your race, color, religion, sex, national origin, citizenship, age, disability, or genetic test information under federal law (some states/localities add a few more categories like sexual orientation);
• you make certain kinds of reports about the employer to the government or in limited circumstances to specified persons in the employing company itself (known as whistle-blower protection laws);
• you participate in union organizing activities;
• you use a right or benefit the law guarantees you (e.g. using leave under FMLA);
• you filed a bankruptcy petition;
• your pay was garnished by a single creditor; and
• you took time off work to attend jury duty (in most states).

The exact list of prohibited reasons will vary by state. The problem is that firing you because another employee accused you of harassment — regardless of whether the accusation is true — is not one of the reasons that the law says the employer cannot use to fire you. The law does not require an employer to do any investigation of the claim against you prior to terminating you. The law does not require that the employer verify the claims made against you. Yes, it would be great for the employer to have done those things. Good employers will do those things. But the law does not require it.

As a result, so far I'm not seeing any wrongful termination here. I suggest you ask your attorney exactly what law he or she thinks the employer violated in firing you. The answer may be very illuminating for you. Maybe if your attorney bullies the employer enough you might get some going away money, but without something more than you have said here, I don't see you winning anything against the employer if it goes to court.

 

[adjusterjack]

You haven't answered the question about what law has been broken. You're basically making allegations of wrong doing that your former employer denies. You say you have evidence of wrongdoing but you don't say what it is, other than your sayso.

You mention "contractual rights." Did you have a written employment contract (not just an offer letter or company handbook) addressing termination for cause? I tend to doubt it. But if you do, this could be a breach of contract issue.

If you have any defamation case at all it should be aimed at the employee making the accusations, not the employer.

 

[Taxing Matters]

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.

Firing you to avoid a lawsuit is not wrongful termination.

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.

Did you have an actual employment contract giving you employment for some set period of time (e.g. one year, five years, or whatever) that specifically stated what reasons the company could terminate you? If no, then your employment was at will and no contractual rights were violated. If you did and the employer violated that contract then what you have is a breach of contract claim, not a wrongful termination claim. That matters as the measure of damages would be different.

What does the loss of "his bonus" matter to you? And why is the defamation of someone else important to you? And who is the person you are referring to with the pronoun "his"?

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.

Again, who is the person you mean by "his"? Note that illegal sex discrimination means that the employer treated you differently because of YOUR sex, not the sex of someone else.

 

[cbg]

You may or may not have have been unfairly terminated. As yet you have posted nothing to suggest that your termination was wrongful (illegal).

 

[Just Blue]

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.

Why does your post veer between you posting as the employee and the attorney? Who are you in this situation?

 

[babber]

I appreciate your reply. But I think you are missing the company responsible. As the company states in their handbook. The company states that “All allegations of harassment will be investigated thoroughly. The facts will determine the response of the company to each allegation. Substantiated acts of harassment will be met with appropriate disciplinary action by the Company up to and including termination. All information regarding any specific incident will be kept confidential within the necessary boundaries of the fact-finding process”.
That said the employer did not conduct a thorough investigation. They disregarded the facts in the case even when the facts were black and white and cleared me of the accusations. The company has had other cases similar or worse than this and those people are still employees, or the company implemented a less harsh sentence. These people still work at the company. T
The company should follow their own written process disciplinary procedures which could lead up to termination. It is clear in the employee handbook. None of which was followed. The company sexual harassment policy states that a claim that is brought in good faith will be investigated this was not brought in good faith the false allegations were presented after I tried to enforce company policy. What good is a written policy in the code of conduct or employee handbook if the company does not follow it.
Second, the accuser is spreading their version of the events throughout the company and the company is not doing anything to stop it.

 

[babber]

I copied some stuff from my attorney demand letter

 

[Just Blue]

I copied some stuff from my attorney demand letter

Why are you posting on here and not posing these question to your attorney?

 

[babber]

Just Blue , My attorney is on board I am seeking a different perspective and opinion. In all honesty, posting here does not cost me several hundred dollars an hour.

 

[cbg]

All of that STILL does not make your termination illegal.

 

[babber]

CBG so the fact that they did not follow their own policy is OK

 

[babber]

Then why have Policy and why should employees follow them. It seems one sided

 

[babber]

My understanding is that even in states with "at-will" employment laws, employers must follow any written policy for disciplinary procedures and terminations (often included in the employee handbook).

 

[cbg]

Your understanding is incorrect. Unless there is a legally binding and enforceable contract, which the majority of employee handbooks are NOT, an employer is free to deviate from their policy when they feel it appropriate to do so.

 

[babber]

Cbg so what your telling me is that employees have to follow the company policy or handbook. They are even made to sign they received it. Yet the employer does not have to follow their own policy?