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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 53916
Experience:  Licensed attorney helping employers and employees.
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What are my options if I have been false accused of race

Customer Question

what are my options if I have been false accused of race discrimination. I was not give a chance to defend myself
Submitted: 3 months ago.
Category: Employment Law
Expert:  Infolawyer replied 3 months ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  Infolawyer replied 3 months ago.

You have a few options including seek an apology, damages, compensation from the offending party/company. Let me get more specific!

Expert:  Infolawyer replied 3 months ago.
I am sorry this happened. I will do the following: 1. suggest options for pursuing a case 2. preparation tactics 3. way to find a local lawyer if you still wish to involve one but can save on fees by following steps 1 and 2
Expert:  Infolawyer replied 3 months ago.
You have a few options. Let me outline them. You can pursue a complaint in civil court. You may sue for losses suffered plus costs and interest. You can also file a complaint with the attorney general office. You can threaten these options before pursuing and use for leverage. local counsel can also get involved! A lawyer letter alone can often bring about a settlement as the other side realizes that you are serious and gets concerned about its risk and legal fees.
Expert:  Infolawyer replied 3 months ago.
You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options. Good luck. Kindly rate the answer 5 stars.If I can clarify or explain anything further, just ask me.
Customer: replied 3 months ago.
the settlement options payed to the person who complained. said any suite will be considered a retaliation action. to defend my story is this retaliation.
Expert:  Infolawyer replied 3 months ago.

Legally you have a right to pursue them. HOwever, if the allegations were settled and the settlement expressly bars you individually from pursuing a claim, then you cannot. If it does not address that, you may. Often a settlement includes the company's principals and agents, which could include you, so you want to confer with the company to make sure everyone is on the same page, and perhaps the company will take care of it.

Expert:  Infolawyer replied 3 months ago.

Let me know if that is fast and clear.

Customer: replied 3 months ago.
the company made a settlement without letting me defend myself. so why can't I pursue my defense. If I get fired I'm sure I can
Expert:  Infolawyer replied 3 months ago.

You want to see the settlement. If the settlement is just binding on company and doesnt cover you, then you able to proceed. If they released your claims wihtout your permission, then you may still proceed since you didnt consent and/or demand the company cover your compensation for wrongly releasing your claims. To start, you need to see if company released your claims or not in the agreement.

Kindly rate me 4 or 5 stars.

Customer: replied 3 months ago.
I am mentioned in the settlement as the person being charged with discrimination. But I was never asked for a defense just an explanation of my actions. because I am mentioned does that mean I'm covered so he can't sue me cause they are paying him off
Expert:  Infolawyer replied 3 months ago.

If you didnt sign a release or the agreement, I dont see you being barred from proceeding, but you still want to double check and make sure the agreement isnt waiving any of your rights.

Expert:  Infolawyer replied 3 months ago.

Being mentioned is not enough to affect you, there has to be an express release from you of your claims.

Expert:  Infolawyer replied 3 months ago.

From what you mentioned, it sounds like that didnt happen and you can proceed.

Good luck.

Kindly rate me 5 stars.

Bonus not required but always appreciated.

Customer: replied 3 months ago.
im not claiming anything other than my innocence so If I'm not asked to sigh off on the settlement I can pursue suing the complainant for false accusations correct ?
Expert:  Infolawyer replied 3 months ago.

Yes

Expert:  Infolawyer replied 3 months ago.

Kindly rate me positively.

Expert:  Infolawyer replied 3 months ago.

Thanks in advance.