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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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My son just got fired baca use of allegations of

Customer Question

My son just got fired baca use of allegations of inappropriate conduct. One person stated that he "said somethings inappropriate" and apparently someone else said he leaned over her desk and said something inappropriate. He was not given a chance to defend himself against the allegations or even told anything about them until he was fired. Is there anything that he can do?
Submitted: 10 months ago.
Category: Legal
Expert:  Sam replied 10 months ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

I am sorry to hear of your son's termination of his employment.

Please tell me the state so I can check a few things?

Also, does he have an employment contract with the employer?

Customer: replied 10 months ago.
Texas. I'm not sure about a contract
Expert:  Sam replied 10 months ago.

Ok. Thank you.

Texas is an at will state. That means unless there is discrimination in his firing then an employer can terminate at any time for any reason or even no reason. Now if the employer has a policy and procedures on how terminations will take place, then they must follow that policy.

Expert:  Sam replied 10 months ago.

If they don't then it could be possible discrimination as any policy must be applied across the board.

Expert:  Sam replied 10 months ago.

So I suggest he first find out what the employer's policy is regarding terminations. And if the employer follow it in this case.

He also can consider a defamation lawsuit against the co workers who said he said things and he did not. That is an outright direct action to get him to lose his job.

Customer: replied 10 months ago.
How much proof would he need that they lied?
Expert:  Sam replied 10 months ago.

The fact he was fired because of her untruths about him is enough. But it is going to come down to did he or did he not say it. And for that he should have at least one other person who was there at the time he was supposed to have said it and back up that he never heard him.

Expert:  Sam replied 10 months ago.

And that could be hard to establish.

Customer: replied 10 months ago.
Doesn't the person that made the accusation also need someone to back up their claim?
Expert:  Sam replied 10 months ago.

Yes. But it would be a he said.she said in a defamation case. For the employer it will come down to whether they followed policy in the termination.

Expert:  Sam replied 10 months ago.

He should review the handbook on termination policy.

Expert:  Sam replied 10 months ago.

Defamation is an option. But hard to prove.