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I am falsely accused of sexual haressment at work from 16 year

 
JB Umphrey's Avatar
  • Answered by:JB Umphrey
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Customer Question

I am falsely accused of sexual haressment at work from 16 year ojd employee. What is my options.

 

Optional Information:
Country relating to Question: United States
State (if USA): Alabama

Already Tried:
Waiting for my options in handling this.

Submitted: 337 days and 16 hours ago.
Category: Employment Law
Value: $28
Status: CLOSED
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Expert:  JB Umphrey replied 337 days and 16 hours ago.

Hi and thank you for using JustAnswer!

I am sorry to learn of your experience. Please clarify: do you belong to a union?

Customer replied 337 days and 16 hours ago.

no. Also I am part time manager of a recreaton ball park where i am falsely accused.

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Expert:  JB Umphrey replied 337 days and 16 hours ago.

Thank you. Do you have a written contract which says that you can only be disciplined for just cause?

Customer replied 337 days and 16 hours ago.

No. I have been told that they could fire me because i am part time and they dont have to tell me anything.

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Expert:  JB Umphrey replied 337 days and 16 hours ago.

Indeed, that is the nature of being what's called an "At Will" employee.

Most employees are "at will."

The courts have explained it this way, "[a]nd it doesn't matter whether you have cause to terminate someone's employment. They are your employee at will and you can ask them to leave, fire them, at any time, for any reason, no matter how stellar their performance." An employer may discharge an at-will employee for good cause, for no cause, or for a cause that some might view as morally indefensible.

As an at-will employee, you have no legal right to continued employment. You can quit at any time. The employer can let you go at any time.

Because you are an at-will employee and because your employer has the right to let an at-will employee go at any time, there really are no rights in the facts you describe. What your employer told you is true.

I know that this is not what you wanted to hear but you deserve a candid answer. I wish very much that I could offer you an answer that was more favorable to your circumstances, but the law seems to be pretty clear. Had I been able to provide an Answer which might have given you a successful outcome, it would have been my pleasure to do so.

I hope you understand.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

Please let me know if there is anything else I can provide to give you excellent service!"

Customer replied 337 days and 16 hours ago.

You still there. Steve

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Expert:  JB Umphrey replied 337 days and 16 hours ago.

Yes, indeed, I am.

Customer replied 337 days and 16 hours ago.

what is my recourse to get my name cleared of these false charges.

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Expert:  JB Umphrey replied 337 days and 16 hours ago.

You can cooperate with any investigation and be sure to give your side of things.

If your employer fires you or disciplines you, you can prepare a written rebuttal and request that it be included in your personnel file.

You cannot, however, prevent your employer from firing you.

Customer replied 337 days and 16 hours ago.

I am not talking about my employer. I am talking about the 16 year old that falsely accused my. What are my rights to get my name cleared.

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Expert:  JB Umphrey replied 337 days and 16 hours ago.

A 16-year-old minor cannot be sued in court. You can talk with his/her parents and request a retraction of the allegation.

Customer replied 337 days and 16 hours ago.

So she can accuse me and Slander my name and falsely accuse me and i got no recourse.

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Expert:  JB Umphrey replied 337 days and 16 hours ago.

It is up to the employer to investigate. During that investigation, you have your say by telling your side.

You are also free to write a written rebuttal and have it placed in your personnel file. Again, that's your chance to give your side.

Remember, an at-will employee has no legal right to continued employment. You can be employee of the year and still be fired. An at-will employee has no legal recourse because they are an at-will employee. That's the nature of at-will employment. At will means that: at will.

Remember, as I said earlier: An employer may discharge an at-will employee for good cause, for no cause, or for a cause that some might view as morally indefensible.

That is the brutal truth of at-will employment. It's the boat of most employees.

Customer replied 337 days and 16 hours ago.

I am not after my employer. I need the 16 year old to retract her false statement and the parents want talk to me. If i where your lawyer and someone was accusing you what would you do to get your name cleared.

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Expert:  JB Umphrey replied 337 days and 16 hours ago.

Do you notice that we're going in a circle here?

Customer replied 337 days and 15 hours ago.

Then how do i get my name cleared if parents want talk to me.

Putting a rebuttal in my file want clear my name.

What if she files charges then what can i do.

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Expert:  JB Umphrey replied 337 days and 15 hours ago.

Do you mean criminal charges?

Customer replied 337 days and 15 hours ago.

sexual harressment charges of a minor 16 years old. Then do we get to go to court to get my name cleared.

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Expert:  JB Umphrey replied 337 days and 15 hours ago.

Sexual harassment is not a crime. If she sues you in civil court, then you will have your chance to tell your side and ask a jury to return a verdict in your favor and then your name would be cleared.

I hope this helps to clarify things.

Customer replied 337 days and 15 hours ago.

Leaving my employer out of this question.

Can I take her to court to get my name cleared.

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Expert:  JB Umphrey replied 337 days and 15 hours ago.

As I previously said, because of her age, she is a minor and she cannot be sued in court.

Customer replied 337 days and 15 hours ago.

Ok.

Now can you give me an example of a paper to write for a rebuttal for my employer.

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Expert:  JB Umphrey replied 337 days and 15 hours ago.

You simply take the allegations which have been made and explain what is not true about them. It has been alleged that X. That allegation is not true because Y.

Customer replied 337 days and 15 hours ago.

Thats a problem.

My employer will not give me are show me a copy of it other then telling me what i am accused of.

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Expert:  JB Umphrey replied 337 days and 15 hours ago.

You do not need the written allegations. Just summarize what has been told to you that you disagree with.

Customer replied 337 days and 15 hours ago.

All i've been told at work is that i have been accused of sexual harresment.

They want even tell me who's accusing me and what happened so i can rebute it.

I just guessed it from the way her parents are treating me.

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Expert:  JB Umphrey replied 337 days and 15 hours ago.

Then the rebuttal is that the allegations are not true.

Customer replied 337 days and 15 hours ago.

Thanks. You have helped alot.

Can I get a copy of all questions and answers between us sent to my email Please.

XXXXX@XXXXXX.XXX

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Expert:  JB Umphrey replied 337 days and 15 hours ago.

I cannot e-mail it to you. However, you can scroll up to the first box that has your original question. On the lower right corner, there is a SHARE button. Put your cursor on the SHARE button and a new box will pop open.

When that box pops open, there's a printer icon. Select the printer icon to print.

Customer replied 337 days and 15 hours ago.

Thank You.

You have been Great.

God Bless You and have a wonderful day.

Happy Mothers Day if you are a mom.

If not tell your Mom Happy Mothers day.

Thanks Again

Steve

Accepted Answer

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Expert:  JB Umphrey replied 337 days and 15 hours ago.

You are most welcome. Same well wishes to you for better days ahead.

Expert TypeLawyer
Category: Employment Law
Pos. Feedback: 96.6 %
Accepts: 6263
Answered: 5/12/2012

Experience: Assisting employees and employers for over 14 years.

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