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Accused of something on camera. Refused access for confirmation.

Discussion in 'Human Resources' started by R0ck01, May 8, 2018.

  1. R0ck01

    R0ck01 Law Topic Starter New Member

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    Hi,


    Today, I was told by my supervisor that my head boss told her I was caught on work camera sleeping in the break room on the couch while on my shift while no other dispatch at the desk. Also was told during that time, head boss called me two times and I missed the phone calls asleep. I wasn't told what day and time this occurred.

    I have NEVER DONE THIS

    I asked my supervisor if I'm would have an issue checking the cameras. She told me it will just make him more mad and that I have nothing to worry about that I'm not about the be fired.

    I don't want to be accused of something I didn't do.

    I also would like to know if I could be sleep walking to the couch then sleep walking back to the desk.

    That's the only way that could have been true. Or it was one of those couple times that I came in on time, and whoever was at desk told me they are still finishing up some calls and told me to go rest on the couch and the calls would have been missed due to the other dispatch being in the bathroom. But the head boss is a smart man, he can rewind and forward to see who else was there with me and who's car was in the yard.

    I've been accused of something supposedly by the head boss and then told not to talk to him about it.

    Who knows, even my supervisor could be full of it.

    If you have any advise, what rights do I have if head boss decides to fire me later over something supposedly on camera. What next, I get accused of stealing and have no access to the camera to clear myself? Or to even see if I'm sleepwalking??

    I'm past the 90 day probation period. So he can't fire me without reason. If I get accused again and am threatened to be fired, would I be able to get a lawyer for free to demand the proof so I can either keep my job or so I can recieve compensated pay while I look for a different job?

    I'm trying to get a different job anyways. But even that is risky because at a new job for 3 months, that's probation period, boss can fire me for any reason aside from discriminatory.

    Thank you for your time.
     
  2. army judge

    army judge Super Moderator

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    No one has ever successfully proved a negative.
    Therefore, you probably won't be able to prove "I didn't do it, as in fall asleep on the couch."

    You say you're seeking new employment, keep at it.

    Don't worry about a probationary period, because you could be employed 30 years and be fired "just because", or "boss felt like firing someone today".

    Yes, its just that darn easy.

    For the moment just stop discussing the allegation, do your job, seek new employment, and live your life.

    If you're worried about "sleepwalking", see a physician and ask to be examined.
     
  3. mightymoose

    mightymoose Moderator

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    Ignore it.
    You have no control over what other people, say, think or do.
    Until some action is taken against you there is nothing at all to do.
    There is no legal obligation that any video be made available to you. Your employer could fire you whether there is video evidence or not, so it is not worth worrying about.
    Go to work, do a good job, don't break the rules, and nobody should ever be concerned with what you do.
    I would not bring up the subject to anyone. Just go about your business and be an awesome employee.
     
    hrforme likes this.
  4. cbg

    cbg Super Moderator

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    If you have any advise, what rights do I have if head boss decides to fire me later over something supposedly on camera.

    You have the right to file for unemployment and look for a new job.

    I'm past the 90 day probation period. So he can't fire me without reason.

    That is not the law in Florida or any other state. (Even in the sole state that is not at least nominally at-will, it's "the company-designated probation period or six months"). Unless you have a legally binding and enforceable contract that expressly says otherwise, you can be fired on day 1 or on your 45th anniversary of employment for no reason other than that it's Friday.

    If I get accused again and am threatened to be fired, would I be able to get a lawyer for free to demand the proof so I can either keep my job or so I can recieve compensated pay while I look for a different job?

    No. The employer is not required to show you, or even have, proof. Even if you can find an employer who will be willing to take you on and write a nasty letter for you (a nasty letter that, on the strength of the facts we have available, might make you feel better but will not have any legal teeth), you can expect to have to pay him for it.
     
  5. zddoodah

    zddoodah Well-Known Member

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    Attempting to compile a list of rights would not serve any useful purpose.

    Well...here's the thing: Unless you're a civil service employee or a member of a labor union that has a collective bargaining agreement with your employer, you don't have any legal basis to contest or challenge your termination. Are you either of those things?

    Well...nothing in the history of the world has ever happened "without reason." There's always a reason -- even if you don't know what the reason is or think it's not a good reason. That aside, what makes you think the fact that you are past the "90 day probation period" limits your employer's ability to fire you?

    I can't imagine that you could (unless you happen to know someone willing to work for free). What would make you think you could find a lawyer willing to work for you for free?

    Nothing you have posted suggests to me that, if you were fired over this incident, you'd have any sort of valid legal claim against your employer. Again, if you're a union employee, then all bets are off, but an employer does not generally need an objectively valid reason to terminate most employees.
     

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