Do I Have A Case?

Discussion in 'Termination: Firing & Resignation' started by mydknyght, Aug 29, 2011.

Thread Status:
Not open for further replies.
  1. mydknyght

    mydknyght Law Topic Starter New Member

    Messages:
    11
    Likes Received:
    0
    Trophy Points:
    0
    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.
     
  2. Proserpina

    Proserpina Moderator

    Messages:
    5,377
    Likes Received:
    495
    Trophy Points:
    0

    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?
     
  3. mydknyght

    mydknyght Law Topic Starter New Member

    Messages:
    11
    Likes Received:
    0
    Trophy Points:
    0
    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?
     
  4. jacksgal

    jacksgal Super Moderator

    Messages:
    3,517
    Likes Received:
    280
    Trophy Points:
    0

    Why not sue the accuser?
     
  5. Proserpina

    Proserpina Moderator

    Messages:
    5,377
    Likes Received:
    495
    Trophy Points:
    0


    No.


    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.
     
Thread Status:
Not open for further replies.

Share This Page