Do I Have A Case?
Jurisdiction: Texas
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Registered User
New Member
Do I Have A Case?
I was terminated after 7 years because an employee told the Human Resource department that I threatened him physical harm (not true), but I was told by my former employer that I basically could not take any opportunity to defend myself.
Like most companies we have a progressive termination plan and I did not get the benefit of it. I want to file a suit, but am unsure if my employer needs to verify this criminal threat or not before my termination; and if so what rights if any do I have to dispute the claim. Lastly, should I just sue the employee to force the truth or both.
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Moderator
Esteemed Scholar
Very simply, no and no.
This is not a wrongful termination, and your employer was not obliged to confirm a threat in order to terminate your employment.
The only exception to this I can see is if you are actually part of a union or other CBA. Is that the case?
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Registered User
New Member
Ok, but since he alleged a criminal act was commited by me, would I not be able to sue him and force him to supply proof that what he said was true. And if I file a civil case against him wouldn't all I need to do is prove that he said it?
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Super Moderator
Learned Scholar
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Moderator
Esteemed Scholar

Originally Posted by
mydknyght
Ok, but since he alleged a criminal act was commited by me, would I not be able to sue him and force him to supply proof that what he said was true.
No.
And if I file a civil case against him wouldn't all I need to do is prove that he said it?
You don't HAVE a case.
The only person you'd be able to sue, is the accuser as Jacksgal indicated. And then, you'd be looking at several years and around $50k+ in order to litigate a defamation action.
Even if you won, it's extremely unlikely that you'd be able to collect so you'd be out all of that money and nothing would change.
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