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Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 22431
Experience:  14 years practicing attorney
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My husband was falsely accused of slapping a woman. He was

Resolved Question:

My husband was falsely accused of slapping a woman. He was fired without knowing the details. His company didnt give him a chance to defend himself. When the woman he allegedly hit stepped forward to clear his name. His company told him he wasn't fired but he was being transferred. What recourse does he have?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Is husband still employed with the company or did they actually fire him?
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Is he under any type of written employment contract for a set period?
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Is this a private or a government employer?
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Is there any type of established HR policy that sets a process that the company has to follow in disciplinary actions?
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Thanks
Barrister
Customer: replied 1 year ago.
He is still employed.
He is not under any contract.
It is a private Company.
He is looking through the handbook for proper procedure.
Expert:  Barrister replied 1 year ago.
Thank you for the additional information. I am afraid that I don't have very good news, so please don't "shoot the messenger"....Under TX law, if a person is working for a private employer and is not under a written contract, they are considered an "at will" employee. What this means is that an employee can quit or an employer can fire or change the terms of employment (change hours, location, duties, pay, etc.) at any time for any or no reason at all.
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So even if the allegations are untrue, under TX employment laws, they could still terminate him or move him to another position or even location if they chose to. While what the employer did was inequitable and unfair, it was not illegal.
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I am sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers, even when an answer is not favorable to the customer.

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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.


Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 22431
Experience: 14 years practicing attorney
Barrister and 3 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
What recourse does he have with the individual that falsely accused him? Reporting that my husband slapped a woman is a serious accusation. Can my husband demand that there be consequences?
Expert:  Barrister replied 1 year ago.
If this has harmed his reputation in the community then this could be considered slander and defamation and would give him grounds to sue the individual for monetary damages. If he can prove money damages or that this was done maliciously, he might be able to recover punitive damages in order to set an example and deter future similar behavior.
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As for the employer, he would have to review any HR policy that might cover employee discipline and then file a formal complaint against the person who made the untrue allegations. After that, it would be up to the company to take whatever punitive actions they deemed were appropriate to penalize the employee.
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Thanks
Barrister
Customer: replied 1 year ago.
Thank you very much. It was demoralizing for my husband to be accused of such a serious offense, and being escorted off property by security. He was left to find his way home from a gas station two hours fom the airport.
The 3 companies involved have washed their hands of the situation . They probably now realize how poorly this was handled.

Have a great weekend.

Kind regards,

Linda

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