legal help. Wrongfully fired?

Question

about a month ago, a coworker went to HR with a bogus story that I and another coworker spoke innapropriately around her, her claim was false, I refused to sign the harrasment write up because it was false. since then she has been fired for lying which proved even more that we were innocent of her claim, still on wednsday, me and this other individual were also fired because of tardiness, without the bogus harrasment charge this would have just been our first write up, but since the charge still stood, the company decided to let us go, I feel that I was wrongfully let go and am being advized by other coworkers that I should pursue legal action, can anyone tell me if I have a case, or can anyone tell me where I can go or who I can talk to to find out.

Answer 1

If you work in an at-will state the employer can let you go for any reason, and does not have to rely on the harassment write up to fire you. Does your company handbook state you have a progressive disciplinary policy and you are going to get 2 write ups before a termination? If you were tardy and they did speak to you about it or have a policy about tardiness stated in a memo or handbook then that is enough to fire you. Did they say that they were letting you go because of both situations? Did HR have other people who claim to have heard you and the other coworker speaking inappropriately or was this based only on the word of one person?

You could try filing a claim with the E.E.O.C. (Equal Employment Opportunity Commission) for wrongful termination, it will take about 6 months to a year for the whole process to go through, and if you do win then you can file a lawsuit after that.

I think you need to just move on and find a new job.

Answer 2

As an employee who does not have a Union or Employment contract you are considered an at will employee. Which means that you can be terminated, without warning, for anything except due to discrimination. See www.eeoc.org.

The reality is that employers pretty much freak out when a female claims sexual harassment. Even if she is later found to be lying, it puts a negative mark on the person she accuses. Many companies will deal with an accusation of sexual harassment by terminating both parties because most accusations are merely he said/she said, without any tangible proof.

In your case the negative mark came from the accusation. Your employer may swear on a warehouse of bibles that this did not enter into his decision to terminate you, but we all know that it did. The problem is that you cannot prove it. A termination for tardiness is usually considered non-discriminatory, especially since they also fired another person.

Your coworkers know that this was unfair, so they are trying to play Perry Mason. Find yourself a local employment law attorney who can review your case in accordance with your state law. Even if you need to pay for that review, it is worth it to know you tried everything. Good luck.

Answer 3

More than likely, the company did nothing wrong.

First of all, they may have chosen to fire you for tardiness because they feel that you are too much of a liability. Employees who won't sign their write ups are employees you can't trust. Signing a write-up doesn't indicate you agree with it, it simply indicates you are aware of it.

So basically they are firing you for Tardiness PLUS Insubordination.

Unless you have an employment contract, if you work in an "at will" employment state, your employment is "at will" and they can fire you at any time.

Keep in mind that just because someone was fired for lying doesn't mean that they were lying when they accused you. (They may have, but it doesn't prove it.) So your company does have to consider that as well.

Answer 4

The squeaky wheel gets replaced.... Employers don't want anything to do with any kind of harrassment... It clouds the almighty bottom line. To bad you didn't pursue this bogus charge at the time. No one will ever tell you this but.... They were probably waiting for you to screw up so they didn't have to deal with the mess.... even if it was bogus, its still a mess.
Live and learn

Answer 5

A lot depends on what state you work in. In many states you can be fired at wlll as long as they dont discriminate because of race, age, sex etc. You can always get a lawyer but what would you really gain. Do you really want you job back at a company where they will make your life miserable. I would suggest that you file for unemployment and start looking for a job with a better company,.

Answer 6

more desirable than likely, the agency did not something incorrect. first of all, they could have chosen to fireplace you for tardiness because they experience that you're too a lot of a criminal responsibility. workers who gained't signal their write united statesare workers you are able to't believe. Signing a write-up would not factor out you accept as true with it, it purely shows you're conscious of it. So easily they're firing you for Tardiness PLUS Insubordination. until eventually you've an employment settlement, in case you paintings in an "at will" employment state, your employment is "at will" and they could hearth you at any time. keep in mind that purely because someone changed into fired for mendacity would not recommend that they were mendacity at the same time as they accused you. (they could have, notwithstanding it would not educate it.) So your agency does ought to judge that as well.

Answer 7

that s how it works, you should have pursued from the beginning. The found another way to get rid of you so that all the players are gone. Write ups are for documentation there is no law that says they have to use them you could have fired any other reason

Answer 8

Contact Legal Services in your area. It usually is free for those who qualify. If you had no other warning, I say you have a case.

Answer 9

A lawyer

Answer 10

claim unfairdismisal. in the mean time look for other work.