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Zachary
Zachary, Lawyer
Category: Employment Law
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Experience:  Contracts, Wrongful termination and discrimination
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My son was fired from a restaurant today because one girl accused

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My son was fired from a restaurant today because one girl accused him of expressing inappropriate comments of a sexual nature to her. It is her word against his.
She is a trainee and he was training her for her respective service duties. He suggested, upon request of management, that she was not ready for waiting position. This conversation took place before she accused him of the inappropriate comments. She went over the restaurant managers and went directly to the corporate heads. He was fired and she is still working there. What rights or avenues of grievances does my son have against this situation that he is in?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question.

I think the best thing here is to start with an explanation of the law in this area and then discuss your son's case in particular.

In Texas, and throughout the United States, employment law heavily favors the employer in most situations. Unless the employee has a contract which provides that the employee may only be terminated for cause, the law will hold that the employee's right to work falls under the At Will Doctrine. The At Will Doctrine provides that an employer may terminate an employee for any reason whatsoever, even if it is a false reason. The only limitation on this is that an employer may not terminate an employee because of discrimination based on race, color, religion, sex, military status, national origin, disability, age, or ancestry of the employee.

Your son falls under the At-Will Doctrine as a restaurant employee.

In your son's case, he was terminated because of a false allegation that he sexually harassed someone. Given that the employer has a right to terminate an employee for any reason that the employer believes is fit, do you believe that the termination was actually based on discrimination regarding your race, color, religion, sex, military status, national origin, disability, age, or ancestry?

If not, then there is no recourse against the employer in this situation.

That being said, your son does have a right to sue the co-worker that lied about him to the restaurant for defamation of character. Again, this will be a case of he-said/she-said, but it is his right to bring the claim against her in court and to seek damages related to his loss of wages.

Finally, he will be able to contest a denial of unemployment benefits. An employee who is not terminated for cause is eligible for unemployment benefits. He may contest that he was terminated for cause and assert there was no evidence that supported the employer's findings.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3818
Experience: Contracts, Wrongful termination and discrimination
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