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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 33555
Experience:  Employment Law Expert
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I am a material witness in a complicated case. My ex

Customer Question

I am a material witness in a complicated case. My ex employer was terminated after being accused of making three female employees uncomfortable. An investigation found the allegations credible and he was fired. I was laid off about a month later.
I am a material witness in the case and was deposed yesterday. Over the course of more than a year, I had documented issues of bad behavior including lying by the women who filed the complaints. During the course of the deposition, it came out that one of the women who made the complaints told the investigator that I was having sex with my employer and said that I had said, "I like that I'm his bitch." Both of these are not true, indeed I was never alone with my employer outside the except for working lunches in public restaurants.
I was never interviewed by the investigator despite my documented history of issues with the women. The report was disseminated to the board of directors, a very influential group of statewide business and political leaders. My employer was fired as a result of the report so it was taken seriously and as the findings were deemed credible.
1) Since I was let go less than a month after my boss was fired, can I file a wrongful termination suit myself? My performance reviews were excellent and I received a very positive letter of recommendation so there was not a performance issue. The reason I was given was budget cuts (which may be true), but it seems clear that the accusations against me in the report influenced the decision. 2) Can I file a defamation of character suit against the individual? If so, to what end? She isn't rich and I only want my name cleared, I don't care about vindication I just want to move forward. 3) Their strategy now must include discrediting me as a witness. If they contact my current employer can I take legal action as harassment or the like?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Further, if you get a message asking if you want to do additional services like a telephone call that message is automatically generated by the website and is not sent from me. I, like most of the experts in the Legal categories, do not do telephone calls due to issues with State Bar rules and other concerns.

1) Unfortunately, nothing in your facts suggests a wrongful termination suit is possible. Louisiana is an employment at will state which means an employer can terminate an employee at any time and for any reason, or no reason, except that they can't terminate you for a reason specifically forbidden by law. This would include race, age, gender, etc.

2) Yes, you can sue the individuals who told the untruths about you. You can get a judgment against them for money but not all judgments are able to be collected.

3) It depends on what they do. Certainly if they harass you then a lawsuit based on that would be possible and you could recover damages.