Accused of things I didn't do

[Sartois]

Jurisdiction

New York

I'll make this super short. In speaking with a co-worker while waiting for our morning coffee, I said "when I don't get my coffee first thing in the morning I sometimes feel like I want to punch someone." We both laughed. The girl working the coffee counter made a formal complaint with my HR department that I threatened her with physical harm. I wasn't even talking to her. I was called in to speak with the HR manager and my boss. During that meeting my boss said there had been another complaint - alleging that I said "I would never let my kids date colored people". I was shocked. First off, I would never say something like this. Second, that term is not even part of my vernacular. Lastly, my extended family is bi-racial (which my boss did not know until this meeting), so I feel like he was just making things up to upset me. None-the-less, he said these things in front of the HR manager and when I told him he should know me better than that, he said I wasn't being honest. I felt bullied. I felt as if they were building a case against me so they could terminate me and withhold unemployment benefits. If I am wrongly terminated based on a string of false accusations, do I have grounds for a defamation suit?

 

[Betty3]

In at-will employment you can be terminated at any time for any reason except for a reason prohibited by law such as religion, race, gender.....or unless you have a binding employment contract to the contrary. Generally it is not illegal to terminate you for false accusations/statements. If you are terminated, you can apply for unemployment ins. - the state will decide if you qualify (not your employer).

In some circumstances it's possible to make a case for defamation against the *person(s)* making the false accusations/statements if known (not against the employer). An employment lawyer would need to be contacted re a possible case.

 

[army judge]

I'll make this super short. In speaking with a co-worker while waiting for our morning coffee, I said "when I don't get my coffee first thing in the morning I sometimes feel like I want to punch someone." We both laughed. The girl working the coffee counter made a formal complaint with my HR department that I threatened her with physical harm. I wasn't even talking to her. I was called in to speak with the HR manager and my boss. During that meeting my boss said there had been another complaint - alleging that I said "I would never let my kids date colored people". I was shocked. First off, I would never say something like this. Second, that term is not even part of my vernacular. Lastly, my extended family is bi-racial (which my boss did not know until this meeting), so I feel like he was just making things up to upset me. None-the-less, he said these things in front of the HR manager and when I told him he should know me better than that, he said I wasn't being honest. I felt bullied. I felt as if they were building a case against me so they could terminate me and withhold unemployment benefits. If I am wrongly terminated based on a string of false accusations, do I have grounds for a defamation suit?

Comments made in jest by one person can be taken offensively by another.

In public places, it's best to discuss the weather, how much you love cats, how cute little puppies really are, how great chocolate chip cookies smell baking in your oven, how you love to watch the sunset, or some other inoffensive, innocuous topic.

Frankly, I prefer to say nothing while waiting ion a queue, preferring to remain silent.

Trust me mate, follow these simple little ideas to avoid being called in to answer to the boss lady.