Accussed of harassment

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LCabrer

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I was recently terminated from a specialty store due to a harassment complaint from a female co-worker. According to the store's harassment policy: anything that can be considered harassment and that involves employees, in or out of the store can be grounds for a termination (based on the results of the "investigation").

Now my question is:

When I was terminated, I was told to not discuss this matter with anybody. I assume that both the employee that put the complaint and the entire stores' staff are also not suppose to discuss this matter at all.

So, therefore if I find out or provide proof that this matter has had been mentioned and/or discussed by the employee that placed the complaint, or any member of the staff, Is there anything (legally) I can do, since this agreement is being ignored?

also, prior to placing the complaint against me, this employee, discussed her intentions with non-managerial employees, Is this legally allowed?

one more thing, the company is going to pay me any accumulated vacation time I have, but they are refusing to pay my earned time off hours, can they deny me the payment of this earned time off hours?
 
When I was terminated, I was told to not discuss this matter with anybody. I assume that both the employee that put the complaint and the entire stores' staff are also not suppose to discuss this matter at all.So, therefore if I find out or provide proof that this matter has had been mentioned and/or discussed by the employee that placed the complaint, or any member of the staff, Is there anything (legally) I can do, since this agreement is being ignored?

Your assumption is not fact. Without proof that the other employee signed a legally binding agreement not to discuss it, you cannot assume anything at all.


also, prior to placing the complaint against me, this employee, discussed her intentions with non-managerial employees, Is this legally allowed?

Yes.

one more thing, the company is going to pay me any accumulated vacation time I have, but they are refusing to pay my earned time off hours, can they deny me the payment of this earned time off hours?

That depends on state law and also on the difference between earned time off hours and vacation hours.
 
So, since neither me or her signed anything saying that neither one where to mention or discuss the reasons of my termination. Can she go around saying why I got terminated. Eventhough we both were told not to discuss this matter with anyone other than management?
 
In your first post, you're assuming she was told this. Now you're saying you know she was. Make up your mind; you'll be a lot more creditable if you tell a consistant story.
 
sorry about that, I was told not to discuss this matter with any other employee. I'm assuming they told her the same thing, I'm not sure that they did though. My point is, I'm keeping quiet, are they suppose to keep quiet? and if they are supposed to, but don't keep this matter confidential is there anything I can do legally?

one more thing: Along with her complain she submitted emails that I sent her, am I entitled to see this emails to verify that in fact they're mine? also, an assistant manager submitted a statement where he said that I made some comments to her that were inappropriate and that he had a conversation with me about this comments, the thing is I never made this alleged comments or had any conversation about this with this asst. manager or anybody else. So basically its my word against theirs, what can I do?
 
Unless there was a written, signed agreement one HAS to keep it quiet. Including you. But I can't imagine why you'd WANT to discuss it.

Just because you were told not to talk about it does NOT mean that she was.

No, they are not obligated to show you the emails.
 
I have no intention to talk about it!!

what about the "statement" that the assistant manager gave in which he claims I made some comments about her, and were he claims he had a conversation with me about it?
neither one happened, I wouldn't jeopardize my job for a woman, specially one with a well known reputation.
 
I don't know what you want me to say.

It is legal to fire you for suspected misconduct, even if you are mistaken.
 
ok, I guess I need to restructure my question. What I'm trying to ask is if this assistant manager claims that I made some comments towards this co-worker,and he had talked to me about it, shouldn't there be some kind of written report about this event to back up his statement? because I can honestly tell you that I never made such comments and I certaintly did not had any conversation or discussion about such comments with any member of management or staff in general. In other words this never happened, and based on this alleged statement I was terminated.
 
There is no legal requirement that there be a written statement, and no legal requirement that it be shown to you if there is one.
 
Look, what do you want from me anyway? I can't create a law that doesn't exist. I can't pull a statute out of thin air that will say what you want the law to say. I can't force your employer to listen to you and I can't force either Congress or your state legislature to pass a law in the next ten minutes that will force your employer to get a written statement and show it to you.

All I can do is tell you what the law does and does not say. I don't get to make the rules.
 
I know justice is blind, but does it mean that just because I was the "bad" guy for the first time in my life, does that mean that I don't get to defend myself? I didn't steal anything, I didn't attack anybody, everything is just allegations, and my name and reputation are being dragged thru the mud just cause of a bad break up. I learned my lesson and I'm moving on, the problem is, my name and reputation are being dragged thru the mud unfairly.

I'm not asking you to do anything but advice me!

I have rights too, not just her or the company! I just want to know how can I protect my name and reputation from their unfair attacks?
 
Message boards cannot provide legal advice. We can provide you with general information about the law. I have done that. I can't help it that the law doesn't say what you want it to say.

Unless you have a bona fide contract or CBA that specifically says otherwise, you do not have a "right" to employment. No one does. In 49 out of 50 states (and you never did tell me what state you are in) employment is at will, meaning you can legally be fired for a good reason, a bad reason or no reason, just not an illegal reason. (This is not an illegal reason.)

So, who is the other employee talking to about this and what kind of proof do you have? How is your name "getting dragged through the mud"? You really haven't explained that at all.
 
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