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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17084
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I found a co-workers phone in a unisex bathroom at work. I

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I found a co-workers phone in a unisex bathroom at work. I opened up the phone to see if I could determine who's phone it was (these bathrooms are also shared by customers). When I opened up the phone I noticed a fellow co-workers name so I called him. After leaving the Bathroom I found the co worker I was trying to call and we determined that is was "Linda's" phone. I eventually found Linda and gave her back her phone. That was 2 months ago. Today I was being raked over the coals because someone told management I sent pics of myself to her phone etc. They told her they would fire her if she didn't write a statement on me. She refused so corporate called her to press her she again refused. They even read me a no retaliation statement. The question is all my managers think I sent nude pics they are trying to fire me with no proof. Do I have a claim?

wallstreetfighter :

Hello and welcome. My name isXXXXX am a Licensed practicing attorney and my goal is to provide you with excellent service today.

wallstreetfighter :

These are serious allegations, you should deny them,

wallstreetfighter :

and consider hiring an attorney now to send the employer a letter threatening legal action for the defamation,

wallstreetfighter :

However, in PA, unless you are a contract employee,

wallstreetfighter :

or part of a Union an employer can terminate you for any reason,

Customer:

I work for Lowes and am at will employee (I think is the term)

wallstreetfighter :

except if it is in violation of your protected civil rights, such as your race, gender, age etc.,

wallstreetfighter :

Yes, at will means they can terminate you for any reason and at anytime,

wallstreetfighter :

However, they cannot spread false statements about you

wallstreetfighter :

to others,

wallstreetfighter :

especially future employers, and members of the public,

Customer:

That hasn't happened yet but HR called Lowes Corp HR who called Linda my friend to get her to write a statement that I sent pics

wallstreetfighter :

They may be trying to terminate you for cause,

wallstreetfighter :

at this point you should send a letter to HR or hire an attorney to write a letter to HR

wallstreetfighter :

threatening legal action,

wallstreetfighter :

if they continue

Customer:

Yeah The ASM assistant store manager said he has to tell HR when he hears things like this but for them to call corp HR after Linda said yeah he found my phone and gave it back drop it they didn't I haven't missed one day make good money and have a cult following of return customers

Customer:

lastly I feel this will affect future promotions

wallstreetfighter :

it may,

wallstreetfighter :

that is why you should consider speaking to HR again,

wallstreetfighter :

or have an attorney send a Cease and Desist letter,

wallstreetfighter :

threatening legal action if they continue

wallstreetfighter :

At this point that would be your best option,,

Customer:

Yeah that's a great idea I wonder how much that would be is that a true retainer? Or would a pro Bono do that?

wallstreetfighter :

it may cost you $150-$300, however you can sign up for legalshield or pre paid legal for $25

wallstreetfighter :

they have firms that will write letters for you for free,

Customer:

Ok thanks what state are you in Sir?

wallstreetfighter :

I am in NY

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

Customer:

ok well I have some good info here too bad crap like this always happens on fridays

wallstreetfighter :

Right,

Customer:

take care

wallstreetfighter :

good luck,

wallstreetfighter :

If satisfied with our service please provide us with positive feedback, thank you

wallstreetfighter :

Thank you

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