Is there a case here?

[Ascalapius]

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

I know someone who recently got ‘seperated’ aka fired from their job for allegations of harassment. This person has put in 10 years of their life into this job. The separation was very sudden (end of the day, 5pm, no prior warning). This is in the state of Illinois and it is an ‘at will’ job. I understand that no reason has to be given but the allegation of harassment is detrimental to future prospects. My question is
1. There is a process where investigation is done to assess the validity of the claims & it wasn’t followed. Based on this, is there a legal basis for a claim? Any employment lawyers out here with knowledge of similar circumstances ......?

 

[commentator]

In your "at will" state, a person can be terminated from a job by his employer "at will." That means they do not have to have an investigation, do not have to have a valid reason, do not even have to follow investigation and disciplinary policies spelled out in their own handbook. Unless you are in a union environment or in civil service employment, where policies and grievance procedures are spelled out very clearly, your employer can fire you without warning, with no notice and just because they want to or they do not like the color of the socks you wore today.

The only fallback you might have is if it could be demonstrated that the firing was for an EEOC connected reason, or because you had been on FMLA or some such thing as that.

In these circumstances you describe, your only "claim" is that for unemployment insurance. You file for unemployment insurance while seeking another job, and that system will be checking the reason for termination and you will have a chance to argue that you are innocent of the misconduct that allegedly led to your termination and the employer will have the opportunity to present the reason why they terminated you to decide whether or not you are approved to draw unemployment benefits. Otherwise, you're just out.

 

[Zigner]

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

I know someone who recently got ‘seperated’ aka fired from their job for allegations of harassment. This person has put in 10 years of their life into this job. The separation was very sudden (end of the day, 5pm, no prior warning). This is in the state of Illinois and it is an ‘at will’ job. I understand that no reason has to be given but the allegation of harassment is detrimental to future prospects. My question is
1. There is a process where investigation is done to assess the validity of the claims & it wasn’t followed. Based on this, is there a legal basis for a claim? Any employment lawyers out here with knowledge of similar circumstances ......?

Someone you know is free to file for unemployment - s/he may or may not receive it.

Beyond that, no, there is no "case". This was not a wrongful termination. A wrongful termination happens when someone is terminated due to their membership in a protected class (race, gender, etc.)

 

[Zigner]

In your "at will" state, a person can be terminated from a job by his employer "at will." That means they do not have to have an investigation, do not have to have a valid reason, do not even have to follow investigation and disciplinary policies spelled out in their own handbook. Unless you are in a union environment or in civil service employment, where policies and grievance procedures are spelled out very clearly, your employer can fire you without warning, with no notice and just because they want to or they do not like the color of the socks you wore today.

The only fallback you might have is if it could be demonstrated that the firing was for an EEOC connected reason, or because you had been on FMLA or some such thing as that.

In these circumstances you describe, your only "claim" is that for unemployment insurance. You file for unemployment insurance while seeking another job, and that system will be checking the reason for termination and you will have a chance to argue that you are innocent of the misconduct that allegedly led to your termination and the employer will have the opportunity to present the reason why they terminated you to decide whether or not you are approved to draw unemployment benefits. Otherwise, you're just out.

Yep - that.

 

[cbg]

No. There is not a case here.

Except possibly a case for unemployment.

 

[Ascalapius]

Any grounds that the stigma of harassment as a cause of dismissal prevents future employment prospects? The hiring process is very much word of mouth.

 

[Zigner]

Any grounds that the stigma of harassment as a cause of dismissal prevents future employment prospects? The hiring process is very much word of mouth.

Asked and answered

 

[quincy]

Any grounds that the stigma of harassment as a cause of dismissal prevents future employment prospects? The hiring process is very much word of mouth.

The smart employer does not pass onto others unproven allegations.

The person's former employer should not tell prospective employers anything about the employee that cannot be proved true or that is not pure opinion (an opinion that does not state or imply false facts).

To do otherwise opens the former employer up to a lawsuit.

 

[cbg]

Any grounds that the stigma of harassment as a cause of dismissal prevents future employment prospects? The hiring process is very much word of mouth.

Not even remotely. Particularly since I notice you don't deny the harassment.

There is no legal recourse here. None. Naught. Nyet. Zip.

File for unemployment - that's the best you're going to get.

 

[quincy]

Not even remotely. Particularly since I notice you don't deny the harassment.

There is no legal recourse here. None. Naught. Nyet. Zip.

File for unemployment - that's the best you're going to get.

Well ... perhaps "remotely."

The firing over alleged harassment is legal but what the employer does AFTER the firing might not be. Unproved allegations can be tricky for an employer when providing a reference to a prospective employer, if the reason for the termination is not handled properly.

 

[LdiJ]

Well ... perhaps "remotely."

The firing over alleged harassment is legal but what the employer does AFTER the firing might not be. Unproved allegations can be tricky for an employer when providing a reference to a prospective employer, if the reason for the termination is not handled properly.

I agree. I would terminate an employee in a heartbeat if I believe that they sexually harassed another employee, but I would be extraordinarily careful about any kind of reference I gave. Its one thing to immediately remove a potential threat from the workplace. Its entirely another to ruin the persons entire future without crystal clear evidence.

 

[cbg]

We have yet to be provided with any evidence that the employer has said word one to anyone about the reason for the termination. The poster asked about suing because of the "stigma" of being fired for that reason. That falls short, in my mind, of any kind of claim that will hold up in court. Particularly since, as I pointed out, the OP has not denied the accusation. His primary concern appears to be the investigation wasn't done the way he wanted it to be.

Additionally, IF the accusation is true, there is nothing illegal about the employer using it in a reference.

 

[quincy]

We have yet to be provided with any evidence that the employer has said word one to anyone about the reason for the termination. The poster asked about suing because of the "stigma" of being fired for that reason. That falls short, in my mind, of any kind of claim that will hold up in court. Particularly since, as I pointed out, the OP has not denied the accusation. His primary concern appears to be that he doesn't like the way the investigation wasn't done the way he wanted it to be.

Additionally, IF the accusation is true, there is nothing illegal about the employer using it in a reference.

I said "remotely" for those reasons.

 

[Ascalapius]

Never did harass anyone, sexually, mentally or physically. Work is work. You do it professionally, politely and go home. I suspect the company was mismanaged & decided to let go of the staff that cost money (aka experienced and knowledgeable).

 

[quincy]

Never did harass anyone, sexually, mentally or physically. Work is work. You do it professionally, politely and go home. I suspect the company was mismanaged & decided to let go of the staff that cost money (aka experienced and knowledgeable).

That is always a possibility.