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Samuel-II, Lawyer
Category: Employment Law
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A few days ago, my daughter has been falsely accused of lying

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A few days ago, my daughter has been falsely accused of lying on her two timesheets on in March 2012. Both of these timesheets were reviewed and approved by supervisor. By this accusation, my daughter's supervisor has stated "this pattern of behavior represents fraud and is not tolerated." Her supervisor is assuming her guilt even though she has made written explanation of the circumstances on those specific dates. As a result, the supervisor has now instituted very strict rules that apply only to my daughter about daily written job completion, review and explanation. This is creating an unfair workload on my daughter. Her job is already demanding and having to report every job she's completed each day in writing and then listen to supervisor's review and critique and then respond in writing to explain her job completions is making her already demanding workload impossible to complete. Aside from the fear of the supervisor's false accusation of fraud and the additional unfair workload, my daughter is suffering physical and emotional hardship due the hostile environment this supervisor has created. What is the best way to respond to this treatment? If she so decides to resign due to the hostile treatment, what is the best way to give notice? What are her rights in this matter?

Submitted: 1 year ago.
Category: Employment Law
Expert:  Samuel-II replied 1 year ago.

Hi

I am sorry to hear of this situation for your daughter

So when you say there are now "very strict rules that apply only to my daughter" please clarify for me - are there other employees who have the same exact job description of your daughter?

Customer: replied 1 year ago.

She is what her employer calls non-exempt employee and there are others.

Expert:  Samuel-II replied 1 year ago.

Hi

Alright thank you.

Well, if the others have the same exact job description as she does, and I mean it must be exact, then such a policy will have to extend to all employees. It cannot just be her unless there is something within the "Discipline policies" that state this will be part of a process for "warning" before suspension or termination.

But if she is the only one who performs her job, then it is nothing wrong with the way the employer is handling the matter.

Customer: replied 1 year ago.

I asked specific questions at the end of my inquiry. Please consider and answer those specifically. They may be in their rights to put unfair demands on her but there are other factors contributing to the hostile workplace. My daughter is in fear of being threatened to have committed fraud....what are her rights? She wants to put in her two week notice....should she consult a lawyer first and is there specific wording that should be in her written notice?

Expert:  Samuel-II replied 1 year ago.

Hi

I should have been more specific. There is no hostile workplace without discrimination. And there is no discrimination unless it is based on race, religion, age, gender, a disability or national origin. In that vein, I reiterate that unless it is one of those or more or if there are others who are doing her same exact job not under the same constraints, I suggest she has no legal recourse. And so that is why I was trying to ascertain if her job is different or policies being instituted against her in a discriminating manner.

As to be accussed of fraud, that is a matter of opinion based on what the supervisors evidence is. Keep in mind, that employers have a right to terminate "at will" and never have to give a reason.

I suggest that if she is told she is being fired because she committed fraud and that goes into a personell file, she may then want to consult with a local attorney.

Customer: replied 1 year ago.

If employers don't have to give reason for firing, how would she know she was being fired because of the false fraud accusation?

 

from my original inquiry.....What is the best way to respond to this treatment (accusation of fraud)?

If she so decides to resign due to the hostile treatment, what is the best way to give notice?

What are her rights in this matter?

Expert:  Samuel-II replied 1 year ago.

Hi

If she is not given a reason, she has no recourse. If she resigns, she has no rights unless she can show discrimination. That is needed for a hostile environment.

If you want, I can opt out here and allow another professional to help you better understand.

Samuel-II, Lawyer
Category: Employment Law
Positive Feedback: 94.1 %
Satisfied Customers: 18458
Experience: Lawyer for 20 years
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