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Zachary
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3821
Experience:  Contracts, Wrongful termination and discrimination
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What legal course of action can I take against a company I

Customer Question

What legal course of action can I take against a company I worked for that terminated me after I transferred from one location to another location in another state. I am a dialysis patient care technician a complaint was filed by a patient spouse against me after I transferred. She accused me of having an affair with her husband and produced a partial nude photo of me. I have not been able to get a job since then and i am currently listed as none rehire on this companies list. Can anything be don in this situation?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question and I'm sorry to hear about the situation.

I think the best thing here is to start with an explanation of the law in this area and then discuss your case in particular. In North Carolina, 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.

In your case, you say you were terminated because of an allegation that you had sex with a patient. Given that the employer has a right to terminate you 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?

In a related question, how did the spouse end up with a picture of you?
Customer: replied 1 year ago.

 


I gave the patient my phone to help me with a problem I was having with the phone and he copied the picture from my phone

Expert:  Zachary replied 1 year ago.
Thank you for your response.

There is part of this that smacks of gender discrimination. The employer is siding against you because of your gender when then spouse wrongfully violated your privacy and stole the picture.

Were you able to show the employer that you had the picture on your phone and explain the situation at all?
Customer: replied 1 year ago.

I did explain the situation to the person that was sent from HR but I did not show him the picture on the phone. I understand the right to work law, but I cant believe that I was black listed from the entire company for something I did not do. I do not live in that state anymore and it is ok this woman to ruin my life.

Expert:  Zachary replied 1 year ago.
I understand your feelings. I don't think its fair either.

I think you could potentially file an EEOC claim against the employer for gender discrimination. I do not think it is an extremely strong claim. However, they fired you because the wife of a patient was uncomfortable with your gender (when it comes down to it). That's technically gender discrimination.

You may file with the EEOC by contacting their local office to lodge your claim. You can find the local EEOC office nearest you at: www.eeoc.gov/field/.

Also, you have a claim directly against the woman for fraud and defamation. You could sue her directly in small claims court if you want. You indicated that you no longer live in the same state, so this may not be of any interest to you, as you would have to sue in the state where she lives.
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3821
Experience: Contracts, Wrongful termination and discrimination
Zachary and 10 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

I will try filing with EEOC

Expert:  Zachary replied 1 year ago.
Best of Luck,
ZDN

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