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I am a contract employee that recently had a completely false…

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I am a contract employee...
I am a contract employee that recently had a completely false sexual harassment complaint filed against me by a regular employee at the client I was working for. I was terminated from my position as a result of this complaint. I have then started receiving harassing phone calls and had the person that filed the complaint against me show up at my house! (I told them to leave my house immediately and called the police). I believe this was done to me as retaliation for me providing critical information against this woman which was resulting in her about to be fired for extreme lack of performance (she was my team lead).

I plan to file for a restraining order against this woman but is there anything I can do legally to sue her or the client company or to get my job back or lost wages? I have a family that includes two children under the age of 2.
Submitted: 8 years ago.Category: Employment Law
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Answered in 4 hours by:
6/16/2010
Employment Lawyer: AlexiaEsq., Managing Attorney replied 8 years ago
AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Employment Law
Satisfied Customers: 13,637
Experience: 19+ Years of Legal Practice in the Employment law arena.
Verified

Dear jacustomer,

 

Thank you for your question and I look forward to working on your answer. Also, it is important to know that I can only respond to your post and the information contained in it, as I do not know what you know, unless you describe it fully. Also, because you are at this site, you are asking me the question because you want the legal facts, as I see them, even if unfavorable to your situation from a legal perspective. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if I ask a redundant question.

 

That being said, if you would like me to work on an answer for you, and in order to better assist you, could you please clarify for me, in numbered answers if I ask more than one question:

 

1. Did the client itself commit a wrong, or was it all done by this woman?

 

I look forward to getting to work on this for you. Hang in there!

 

 

Sincerely,

 

S. Joy, Legal Expert

 

Please note: I do not provide legal advice, only legal information; I do not legally represent any JA members, visitors or customers. We do not and will not enjoy an attorney/client relationship. Further communication with me here is an acceptance of this and any information provided by me is with the understanding that you comprehend this and agree.

 

At times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back the next day, so never fear.

 

 

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Customer reply replied 8 years ago
The woman made the false claim. The client fired me based on that claim. However, my manager at the client, same manager this woman reports to, told me during our initial conversation when I explained how the claim was completely false and my belief that I would lose my job regardless because claims like that don't go away, "If I have to walk you out over this then I'm going to walk out right behind you...no, I'm going to walk out right beside you!". They know this is an invalid claim and have alluded to it in more ways than one, also told by them offering a severance package.
Employment Lawyer: AlexiaEsq., Managing Attorney replied 8 years ago

Hi again, thanks for the clarification.

 

First, you need to look at any existing written contract of employment terms to see if there is any mandatory procedures the employer agreed to restrict itself to when discipline or terminations were being considered. If there is no such clause, then in terms of any 'wrongful termation' by or action against, an employer or client, the "at will" employment status in Missouri would dictate. Generally, if there is no written employment agreement to the contrary, the employer has discretion to dictate the terms of employment; this would include how to handle accusations, claims, disciplinary procedures (if any) , promotions, job changes, lateral moves, salaries, etc. "At will" also includes the mutual right of employee and employer to terminate the relationship at any time, without notice, and for any reason. The only exception is that the employer is more limited in that "any reason" for termination or for differential treatment can not be due to reasons of illegal discrimination, such as discrimination based on race, religion, gender, age, disability, etc.

 

I wish the law were a bit more geared toward the employee, but it seems that employers lobby Congress and state legislatures while employees don't (for obvious reasons).

 

Now, even though you may not have a claim against the employer/client, that does not mean you may not have one against the woman - if she defamed you and you suffered damages, as you are clearly indicating, you could consider suing her for defamation, possibly tortious interference with business, etc. If the statements she made were false statements of fact, to 3rd party, that were derogatory and caused financial or reputation damage (clearly that seems to be the case), you may be able to successfully sue her for those damages, which would include lost wages, value of reputation damage, etc. Keep your phone records showing her number as an incoming call; save any voice mail messages she leaves you; any emails she sends, etc., as well as any proof, if you have it, of her poor performance issues and/or your reporting of same, which can show motive, etc., of her to seek to get you fired or otherwise hurt you. I tend to like to hold people responsible if they purposely seek to hurt me, proactively - so I'd probably be looking to sue her, if for no other reason than to make her think twice the next time.

 

Good luck.

 

 

Hope this helps to clarify. If it does, please click ACCEPT and follow up if needed after you do so. If you need more detail, please click Reply, not ReList and I will gladly respond. Also, if you exceeded the one question one answer standard, and the expert provided you with answers to your additional questions, BONUS is an appreciated way of saying thank you! This expert's credit proceeds go towards providing volunteer provisions for the disabled. Thank you for helping!


 

I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger, not your attorney, nor can I create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. ACCEPTING the Answer a so ensures I will be able to assist your with your future legal question. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of a new post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks

Sincerely,

S. Joy, Legal Expert

 

 

My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may voluntarily pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advice and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to consult with the appropriate legal counsel in your jurisdiction for accurate and complete information. Thank you, XXXXX XXXXX a great day.

 

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