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I am being accused by a fellow employees wife of flashing

 
 
 

Customer Question

I am being accused by a fellow employee's wife of flashing her in October 2008 at my workplace located in Dallas, Texas. This never happened and is motivated by differences between the employee and myself. It is my word against hers. She can't prove it happened but I can't prove it didn't. In the meantime my employer says that I cannot come to work. He says that I'm not fired but I can't report to work until the issue is resolved. The employee won't talk to me about the alledged incident. Nor will his wife. Not working means not getting paid and my bills are mounting up. What can I do to resolve this issue? It NEVER happened but meanwhile I am the one not able to work. Thanks for any advice you can give me.
JRP
Carrollton, Texas

Submitted: 1009 days and 22 hours ago.
Category: Legal
Status: CLOSED
 
 
 
 
 
 

Optional Information

State/Country relating to Question: Texas

Already Tried:
Nothing so far. I am just flabbergasted by this whole thing. Meanwhile I am losing my salary. How long can they string this thing out for without either filing it or forgetting it? It NEVER happened! What options do I have? Thank you so much!

 
 
 
 
 
 
Posted by LawHelpNow 1009 days and 22 hours ago.

Response From Expert

Hello and thanks for choosing Just Answer®. I am a licensed Texas attorney, and I will be glad to try and assist you. To provide you with accurate information, could you please clarify this point:

 

  1. Where do things stand from a criminal standpoint? (i.e. have you been arrested or otherwise encountered law enforcement, etc.)

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

 

Thanks!

 
 
 
 
 
 
1009 days and 22 hours ago.

Customer Reply

I have not been arrested or contacted by law emforcement. The fellow employee says that they will file it but I don't know for sure. I was informed about their intent 2 days ago at our workplace in front of the owner of the company. That's when the owner told me that I couldn't report to work until this was resolved. This supposedly happened in October 2008. Since that that time her husband and I have worked on the same shift without any problems. She has come into the office while I was there without showing stress or any other concern by being around me. There are work related issues between her husband and I unrelated to this alledged event that have motivated this charge. But until 2 days ago we got along fine. Buying each other dinner, etc. His wife has even sent food she prepared for me thru him. Thank you!

 
 
 
 
 
 

Accepted Answer

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed Texas attorney with criminal law and labor and employment law experience. I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. Thank you for taking the time to write back and supply the additional requested information, which was helpful to my analysis of your inquiry. I would be glad to interact with you further if needed after you click "Accept" to process my answer. Please allow me to say that I am truly sorry for your circumstances, and I hope everything gets resolved appropriately for you in this matter.
  2. I have some mixed news to share here -- good news from a criminal law perspective, and less encouraging news from an employment law standpoint. Here is what I mean by that statement. You have absolutely nothing to prove here. The Constitutional presumption of innocence is absolute, and the prosecution would solely bear the burden of proving each and every element of any charge against you by a preponderance of the evidence. This is the highest standard in our judicial system, and absent some compelling evidence (i.e. video tape, corroborating testimony from credible witnesses), I can see virtually zero chance of the police or the prosecutor taking any action if the woman does indeed file a report. I say "virtually" because, of course, I cannot make any firm guarantees. The botXXXXX XXXXXne, however, is that the criminal justice system already suffers from a strain in resources. Based on what you have related here, I think this is an entirely empty threat.
  3. Turning to the civil side of the law, in terms of your employment the news is not good. In other words, unfortunately under Texas law your employer has every right to suspend you. In fact, the employer could lawfully terminate you even though the allegations are entirely unfounded. This is indeed sad, but nevertheless many time employers feel there is too much liability in retaining an employee under a "cloud" of suspicion. As long as the employer is not violating the terms of a written contract of employment, or disciplining/terminating you based on illegal discriminatory grounds (age, sex, religion, race, national origin, disability). The employer does not even have to provide you with any reason, or advanced notice, again provided such is not required pursuant to a written contract.
  4. Now, having said all of that, I would absolutely give serious consideration to filing a civil suit against this woman citing grounds of defamation. Each day that passes without receiving your wages serves to compound your monetary damages. I would encourage you to confer with an attorney just as soon as possible to explore your options to seek redress of this ridiculous situation. The cheapest way to do this would be to schedule a session for $20 through the State Bar of Texas Lawyer Referral Information Service. Frankly, considering all of the past, present and future harm this creates, you have one of the most compelling defamation cases I have seen in a good while.

 

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

Picture
Expert: LawHelpNow
Pos. Feedback: 99.0 %
Accepts: 3729
Answered: 8/18/2009

Attorney/Lawyer

Relax. Let's work together. Practical solutions.

 
 
 
 
 
 
977 days and 19 hours ago.

Customer Reply

I just wanted to thank you for your advice! Mr. Burt really put my mind at ease with his reply. I would recommend him to any and all seeking legal council.

 

As an update to my situation. I have received a letter from the Dallas Police Department dated September 10, 2009 that states that there has not been any complaints or charges filed against me. I still have not been allowed to return to work. It's been 30 working days.

 

Thanks Again Mr. Burt!!

 

 

Regards,

Robert Paulk

 
 
 
 
 
 
Posted by LawHelpNow 977 days and 6 hours ago.

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