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Falsely accused of Sexual Harassment/Wrongful Termination
- Thread Starter cosmo
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cbg
Super Moderator
As long as you don't use any real names or the name of employers you should be okay.
Keep in mind that based on my experience, about 95% of people who think they were wrongfully terminated, weren't. The term does not mean what most people think it means.
A wrongful termination means that there is a specific law which was violated by your termination. It does not mean that the termination was unjust; unexpected; a violation of company policy (most of the time); or that you were fired for something you didn't do. It means that you were fired for a reason specifically prohibited by law.
I'm not saying don't post your question; by all means do so and we'll help if we can. I just want you to be aware of the general misunderstanding of what is meant by a wrongful term so that you don't have expectations beyond what the law can help with.
Keep in mind that based on my experience, about 95% of people who think they were wrongfully terminated, weren't. The term does not mean what most people think it means.
A wrongful termination means that there is a specific law which was violated by your termination. It does not mean that the termination was unjust; unexpected; a violation of company policy (most of the time); or that you were fired for something you didn't do. It means that you were fired for a reason specifically prohibited by law.
I'm not saying don't post your question; by all means do so and we'll help if we can. I just want you to be aware of the general misunderstanding of what is meant by a wrongful term so that you don't have expectations beyond what the law can help with.
I am a counselor for clients with mental and/or drug addiction issues. A client let me know that she felt unsafe around me. She wrote a letter that I have not read but my supervisor stated that it looked as though there was miscommunication.
I was put under investigation and a week later the heads of the company had me come to a meeting where, with no evidence, no prior warning (other than the immediate supervisor stating that it seemed as though there was miscommunication between the client and myself), no actual charges of sexual harassment from the client in question, although the client has been announcing that she can sue the company for sexual harassment. When I asked the director what I had done he replied "You know what you did." I said that I didn't know. His only evidence to me was to restate "You know what you did."
I have never sexually harassed anyone. I realize that the client has her own perceptions, and that her doctors, case worker, and all staff need to address these issues. I was shocked by these allegations and was misled in this meeting.
The supervisors stated that I had three options, face a sexual harassment lawsuit where I probably had no chance, get fired, and they couldn't say the third, but if I signed the paper then I wouldn't face a lawsuit or have problems. I have worked at this company for nearly 14 years, have a spotless record, excellent employee, and believed my coworkers were my friends. I did not read the paper in the meeting, but signed it anyway. When I returned home, I realized that I had resigned - admitting to these unfounded charges. I sent a letter rescinding my resignation three days ago (four days after the meeting). The CEO was shocked to learn how this matter was handled and had the human resources person and supervisor arrange to meet with me this week. She also denied their claim that she felt that I had no chance in court, and from what she knew it looked as though this matter was a long way from going to trial.
I am planning on having a labor lawyer to accompany me to the meeting, or at least have my partner come to the meeting as my witness. I want evidence against me presented, and all the company really has are four statements that are in no way sexual, although they could be considered somewhat personal or casual. Can we resolve this matter, have my resignation rescinded, or what? Does the company have the right to revoke all of my retirement benefits at this point? I have read their company policy handbook and they have in no way followed the protocol that is written in this text.
Thank you -
I was put under investigation and a week later the heads of the company had me come to a meeting where, with no evidence, no prior warning (other than the immediate supervisor stating that it seemed as though there was miscommunication between the client and myself), no actual charges of sexual harassment from the client in question, although the client has been announcing that she can sue the company for sexual harassment. When I asked the director what I had done he replied "You know what you did." I said that I didn't know. His only evidence to me was to restate "You know what you did."
I have never sexually harassed anyone. I realize that the client has her own perceptions, and that her doctors, case worker, and all staff need to address these issues. I was shocked by these allegations and was misled in this meeting.
The supervisors stated that I had three options, face a sexual harassment lawsuit where I probably had no chance, get fired, and they couldn't say the third, but if I signed the paper then I wouldn't face a lawsuit or have problems. I have worked at this company for nearly 14 years, have a spotless record, excellent employee, and believed my coworkers were my friends. I did not read the paper in the meeting, but signed it anyway. When I returned home, I realized that I had resigned - admitting to these unfounded charges. I sent a letter rescinding my resignation three days ago (four days after the meeting). The CEO was shocked to learn how this matter was handled and had the human resources person and supervisor arrange to meet with me this week. She also denied their claim that she felt that I had no chance in court, and from what she knew it looked as though this matter was a long way from going to trial.
I am planning on having a labor lawyer to accompany me to the meeting, or at least have my partner come to the meeting as my witness. I want evidence against me presented, and all the company really has are four statements that are in no way sexual, although they could be considered somewhat personal or casual. Can we resolve this matter, have my resignation rescinded, or what? Does the company have the right to revoke all of my retirement benefits at this point? I have read their company policy handbook and they have in no way followed the protocol that is written in this text.
Thank you -
cbg
Super Moderator
As you may have figured out from my earlier post, this is not a wrongful termination as defined by law. The fact that you may not have done what you are accused of does not prohibit them from firing you if they (a) believe you have (b) believe you when you say you did not but find your behavior inappropriate anyway or (c) believe you did not, believe you did nothing inappropriate, but still find that your termination will be the best thing for all concerned. Basically, as I said above, you can be fired legally for anything that is not specifically prohibited by law, and this is not.
Unless you are a member of a union, the employer is not required to allow you to bring your lawyer, or any witness, to attend the meeting. They may allow it; I'm not saying they won't. But in one of those back and forth quirks of law, only union members are guaranteed that right by law and the law does not require your employer to permit it if non-union. It was required for union members only, then the law was modified to require it for everyone, and then the modification was reversed back to union-only.
It's possible that you might be able to resolve the matter. It's possible that they might allow you to rescind your resignation. It's also possible that neither will happen. Unless the handbook is in some way contractual (and I'm not saying it can't be - it does happen occasionally although it is rare) they are not legally obligated to follow their policies with regards to termination. I'm sure if you think about it you can understand why.
VESTED pension benefits cannot be lost or rescinded.
Unless you are a member of a union, the employer is not required to allow you to bring your lawyer, or any witness, to attend the meeting. They may allow it; I'm not saying they won't. But in one of those back and forth quirks of law, only union members are guaranteed that right by law and the law does not require your employer to permit it if non-union. It was required for union members only, then the law was modified to require it for everyone, and then the modification was reversed back to union-only.
It's possible that you might be able to resolve the matter. It's possible that they might allow you to rescind your resignation. It's also possible that neither will happen. Unless the handbook is in some way contractual (and I'm not saying it can't be - it does happen occasionally although it is rare) they are not legally obligated to follow their policies with regards to termination. I'm sure if you think about it you can understand why.
VESTED pension benefits cannot be lost or rescinded.
If the company chooses to fire me, I guess that is their right, but, it is inappropriate for me to be falsely accused of sexual harassment and expect me to resign accepting these unfounded charges. The human resources person took my rescind letter but said she would keep it secret. I am not certain if she is trying to protect me since she does not seem to believe these trumped up charges, the supervisor that had me resign even stated that he does not believe that I really sexually harassed anyone and was sorry that he had to do this.
I am not certain that retaining a lawyer to at least act as a witness during the upcoming meeting might not help me? I do not want to enter another one of those meetings where I am set up as the company's fall guy. I want to resolve the matter, perhaps a mediator might help??
I am not certain that retaining a lawyer to at least act as a witness during the upcoming meeting might not help me? I do not want to enter another one of those meetings where I am set up as the company's fall guy. I want to resolve the matter, perhaps a mediator might help??
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