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JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20233
Experience:  Explains legal matters based on 14+ years experience.
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on the morning of Wednesday, 03/23/11, I was called to the

Resolved Question:

on the morning of Wednesday, 03/23/11, I was called to the Human resources office and told that a female contract employee had made a formal complaint of "Sexual Harassment" and threatening to "Kill" her,for the past to nights against me and do I want to make a "statement" giving my side of the accusation/complaint,and i told them "no" that all of the complaint was a lie and that any statement I would make would be a lie to counter the accusation/complaint.I was told that I would be suspended for three (3) days pending "Investigation".After the third day I called and was told that my employment would ended for the Sexual Harassment accusation/complaint all,this without showing me or me seeing any statements by anyone or any other(s) confirming these accusations/complaints made by this female. what do you advise and what are my rights? please advise Thank you. [email protected] (XXX) XXX-XXXX
Submitted: 5 years ago.
Category: Legal
Expert:  JB Umphrey replied 5 years ago.

JB Umphrey :

Thank you for using JustAnswer!

I am sorry to learn of your circumstances. Do you belong to a union?

Customer:

no maam

Customer:

I'm an electrician and was in the smoking area which was moved outside the gate by the guard shack where this contract employee is the 11:00pm to 7:00am security guard. there is a union but maintenance and electrical employees are not part of the bargaining unit.

Customer:

even though I'm not a part of the bargaining unit I had planned on speaking to the union rep and explain my situation and see if i could get them to also represent me under the circumstances,but in the mean time all i have is the accusation by this female contract security guard against me to my employer and nothing shown to me in the form of any evidence proving her statements which I haven't even seen in writing and really no way to prove my innocence.It's a situation to the best of my knowledge of "SHE SAID / HE SAID" Now what are my rights and what do you advise, in the state of Texas?

JB Umphrey :

I am afraid that you are not going to like the answer.

JB Umphrey :

From the facts that you've described, you are an "at will" employee.

JB Umphrey :

So, that's strike one.

JB Umphrey :

As an at-will employee, you can quit at any time and your employer can let you go at any time.

JB Umphrey :

Your employer does not have to have a valid reason or "just cause" to let you go.

JB Umphrey :

Strike two is the fact that you exercised your right to not provide a statement.

JB Umphrey :

So, as a consequence, you bet the employer did a one-sided investigation and it should not be a surprise on which side they came down in the matter.

JB Umphrey :

The law does not require them to show you anyone else's statements. It just doesn't.

JB Umphrey :

From the facts that you've described and (a) because you're an at-will employee and (b) because you chose to not provide a statement to rebut the allegations, the employer did not violate any laws in making the decision to terminate.

JB Umphrey :

Good luck and best wishes for better days ahead. I hope that you find this information to be helpful in better understanding where things stand and why. I also hope that you find this answer to be ACCEPTable!

Customer:

Yes and i thank you have a nice night

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