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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11290
Experience:  Significant experience in all areas of employment law.
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I have been accused of creating a hostile work environment

Customer Question

I have been accused of creating a hostile work environment based on something but have been told I will find out what when I go to the meeting. The accuser, our sup ervisor, and the next level supervisor are all in the know, I am in the dark. The and possibly someone from HR will be there. The accuser is someone I have little to no interaction with during the shift but he's been seemingly upset because I notified the supervisor of illegal/unauthorized activity he engaged in and I witnessed. Seems retaliatory but I am clueless.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Is the employment agreement "at will," union, full time or part time?
Customer: We are both full-time, he is probationary until April and could be terminated for no cause b agreement. I believe I have to be written up for violation 3 times to be terminated but I'm pretty sure if I create a hostile work environment I'm done and he will be left alone for fear of retaliation issues or whatever.
JA: OK. To minimize me, please click the down arrow at the top right corner of this box.
Customer: He cried wolf first, now I think I have to prove my innocence. do I have to go in without knowing anything about what this is about or am I entitled to know what this is about before I go?
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, that covers it. thanks
Submitted: 1 month ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 month ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you.

Unfortunately, there is no law that would require an employer to reveal the nature of an accusation before the date of a meeting regarding that accusation. Employees have no "due process" rights when it comes to disciplinary action, and the employer is free to conduct its investigation in any manner that it seems fit, even if it winds up being unfair. I am very sorry.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Customer: replied 1 month ago.
you don't think I should get legal counsel to be at meeting with me?
Expert:  Patrick, Esq. replied 1 month ago.

Honestly, it would probably be a waste of your money, as you do not have any "rights" to enforce at the meeting and an attorney really can't do anything for you. An attorney will also likely inflame the situation and make it much harder to work past this.

Again if there is anything more I can do for you just let me know. It's my pleasure....

Customer: replied 1 month ago.
What happened to the America I grew up in, it's gone. Thank you or your time and an obvious waste of money. Going to the guiotine blind.
Expert:  Patrick, Esq. replied 1 month ago.

I don't ever consider it a waste of money to understand the law as it applies to a critical situation. I am truly sorry that the law is not more favorable for you here, but I do thank you for being able to distinguish my service to you from the less than optimal news I had to provide.

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Very best wishes.