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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27010
Experience:  More than 20 years of experience practicing law.
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I was falsely accused of smelling like alcohol at work. I

Customer Question

I was falsely accused of smelling like alcohol at work. I went to management and told them because the person who accused me did so in a verbally aggressive manner, and I was alone w/him (I am a woman). He truly scared me. There was no probable cause, no evidence, just what he thought he smelled. Management told me not to worry, but I am. I can't sleep at night, I'm so shaken by this incident. Could you please help me know what my rights are? Is this slander? Thanks.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Massachusetts
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: no
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 9 months ago.
Category: Employment Law
Expert:  Samuel II replied 9 months ago.


This is Samuel.

Expert:  Samuel II replied 9 months ago.

I am sorry to hear of this situation. So management says don't worry about it and you are - are you worried the co worker will continue to harass you or that you will be fired? What are your concerns and what information can I provide?

Customer: replied 9 months ago.
I'm concerned because I'm an elementary school teacher. Clearly this is awful regardless of your profession, but it feels extra bad. My co worker said others have indicated I smell of alcohol at times. I do take medication for migraines, one of the unusual side effects is the "sweet smell of alcohol on the breath" I really think this is some kind of witch hunt vs. a real thing. I'm scared of this colleague, too, for the way he approached me in my classroom while I was alone. Should I get an attorney? I went to administration on my own, asking for help in saving my reputation from these slanderous comments. Please help me. Thanks.
Expert:  Samuel II replied 9 months ago.

Thank you. So if there is an investigation, you consider revealing you are on meds and what one of the side effects are. I suggest, you can also have your physician write a note you can present to whomever whenever that you are on these meds and this is a side effect. Once you present that to the superior in your employment it would be up to them to advise the other employee that should they continue to make these accusations it will be considered harassment and will be dealt with according to policy. The med and the reason for the med does not need to be disclosed to the co worker. But your superior should be told of the matter so that this is not something that could drag on. In other words, it would stop it in its tracks.

Expert:  Samuel II replied 9 months ago.

You could consult with a local attorney and have the attorney write a cease and desist letter to the co worker. That will put them on notice that they are being defamatory and if they continue they can be sued.

Customer: replied 9 months ago.
Ok, Thanks you. I will do that. May I contact you again, should I need further advice? Thanks.
Expert:  Samuel II replied 9 months ago.

I suggest, with the information on the meds provided to your supervisor and a letter from the local attorney would stop this nonsense.

Expert:  Samuel II replied 9 months ago.

Yes, you can post follow up questions here once you give a positive rating and you have access to this thread. Or on another subject you can put in the heading FORCustomeronly.

Expert:  Samuel II replied 9 months ago.

Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.

Expert:  Samuel II replied 9 months ago.

However, I suggest you take time to review the links I provided, read them, scroll down to the application process and you can see they are absolutely entirely different.