Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I was recently accused by my employer, during my regular

Customer Question
employment duties of "touching" a...
I was recently accused by my employer, during my regular employment duties of "touching" a passenger on my bus (I drive a handy dart and convention transit bus). I was approached by management in the lunchroon with this accusation in front of other employees and I am unsure if this constitutes a breach if my privacy or something else. what are my options in dealing with this, I am afraid of what my employer may do to me and what other peers might think of me.
Submitted: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 minute by:
11/17/2015
Employment Lawyer: ulysses101,
 replied 2 years ago
ulysses101
Category: Employment Law
Satisfied Customers: 3,601
Verified

Hello Mark, thank you for the question.

When did this happen?

Was there any other communication between you and management about this, other than in the lunchroom on that one occasion?

Do you belong to a union?

Ask Your Own Employment Law Question
Customer reply replied 2 years ago
the conversation happened last friday the 13th of November 2015 before 7am in the lunch room, the complaint was made on Thursday the 12th of November 2015. I do belong to a union, but the union policy is that I report to a job stuart. the union does not directly respond to there members, I have found the job stuart are just "management patsies" and rumors usually end up following
Employment Lawyer: ulysses101,
 replied 2 years ago

OK, I have news for you and it's not going to be what you want to hear. But Mark, please don't shoot the messenger.

Firstly, if you belong to a labour union, that union has the sole right and obligation to represent you against the employer. So if you believe that you've been disciplined unfairly, or simply improperly (such as bringing it up in the lunchroom) then you have to raise it with your union if you do anything at all.

Now, if the union stewards are all in with management, then report this to your steward and if nothing happens, go over the steward's head. Or get a few other co-workers who have also been ignored by your steward to all contact above the steward. No union official wants to risk a job site's members rejecting the union just because some steward, who is low in the hierarchy, is in the pocket of the employer.

You haven't been officially disciplined yet, so you can't bang the drum too loudly. But you should definitely let the steward know that you're not happy about how this is playing out. In fact, if the steward is in tight with management and you really show some teeth, then the steward might suggest to management that they back off this issue unless there's proof and the discipline is done by the book.

It's time to objective about the situation. You can't stop rumours from starting. You can't help what your co-workers think of you. So just take the moral high ground and press on. There's no point in worrying about things you cannot change.

Same thing with what the employer "might do". They might discipline you. They might fire you. They might do nothing. The only thing that might help is for you to talk to the steward and be serious, and to start advocating for tools to avoid false accusations, like cameras on the buses or something. You want to make yourself out to be the victim, but not with any whining or sympathy-gathering, rather in an assertive way. That might help, but there are no guarantees of course.

Does that assist, Mark? If there's more to discuss then please reply. If I've answered you then I'd appreciate a positive service rating please.

Ask Your Own Employment Law Question
Customer reply replied 2 years ago
I am really looking for a professional legal opinion in this matter, this aligation is totally false. I have neither harmed anyone, nor has there been any inappropriate "touching". during my daily duties I deal with handicapped and elderly passengers, many of these people need assistance with seat belts, but not limited to physically assisting people off and on the bus. my employer was just acting on a false report to which they received from someone who is the director of a day program for mentally handicapped adults. the employer is secondary in this matter
Employment Lawyer: ulysses101,
 replied 2 years ago

There's nothing to defend. You haven't been formally accused or disciplined of anything. In fact, it's possible that the management thought they were doing you a favour by giving you a "heads up" informally about the complaint.

You're not going to get an injunction or anything from the court yourself because the union has the task of representing you in such things. If the union won't do its job then your recourse is to sue the union.

I know what you want me to tell you, but I can't just say what you want to hear. That's not helping.

Ask Your Own Employment Law Question
Customer reply replied 2 years ago
the aligation made against me are criminal in nature and will damage me as I work around children, elderly, and the general public
Customer reply replied 2 years ago
my response to my employer, at the time they told me this was that they need to phone the abbotsford police. just a point I am not trying to go after my employer..........I want to pursue the people that made the false accusations
Employment Lawyer: ulysses101,
 replied 2 years ago

You haven't been charged with anything criminally, and you can't stop anyone from making the allegation, nor can you stop the police from investigating if they are called. If the police contact you, say nothing. Instead, refer them to your union steward for comment, and see if the union will pay for a criminal lawyer for you since this allegation was absolutely in relation to your employment duties. Your benefits plan might well have a legal services benefit, look into that.

You want me to tell you that there's something you can do to stop all of this right now, because you know it's wrong. I can't tell you that because there's nothing you can do to stop all of this right now. You can only deal with the consequences when it becomes known to you what complaint or report has been made to whom.

Until the complaint is processed, and you know the details, and you're cleared, you can't go after anyone. There's nothing to go after them for at this point. If there's a criminal charge which you beat, then you can look at it in hindsight to see if it's worth going after the complainant. But you can't right now. You have suffered no monetary damages, you haven't been disciplined at work, and you haven't been charged with anything.

I understand that you want to take action, but please read what I wrote and think about it and get back to me.

Ask Your Own Employment Law Question
Customer reply replied 2 years ago
I think you need to focus on who made the aligation and not who asked me if they were true. If someone makes a deflamatory comment that costs me my reputation (already has as people at work are already doin this now) is this not a civil matter
Customer reply replied 2 years ago
but anyways thanks for trying. sad how some can just start a rumor with no basis in fact or evidence against an person, that damages someone professionally and there is nothing that can be done to stop them
Employment Lawyer: ulysses101,
 replied 2 years ago

Mark, you came here to ask a lawyer what they think of the situation. I'm telling you what I think. Please listen.

You don't know if the complainant has called the police or not. All you know is what your employer told you in the lunchroom.

Defamation of character, or slander/libel, is absolutely a civil matter in which you'd sue the person for damages and an injunction to stop what they are doing. However, you haven't lost any money and you're still employed. Defamation of character isn't proven in court by simply people talking about you and spreading gossip.

I know it feels like things are coming to a head, but nothing has happened yet: no discipline, no criminal charges, no dismissal. Having your co-workers gossip about you is not actionable. And besides, whatever damage you perceive to have been done has already been done.

You can sue in court but you haven't suffered any damages yet, that can be demonstrated in court, as having cost you monetary loss.

If one could sue another for rumours, the courts wouldn't get anything else done. Plus the free speech issue.

Anything else to discuss?

Ask Your Own Employment Law Question
Employment Lawyer: ulysses101,
 replied 2 years ago

Mark, I can tell that this is weighing heavily on your mind, and I'm asking you to step back and look at it very objectively because getting upset or emotional won't help. If you've read what I wrote, what do you think?

Ulysses

Ask Your Own Employment Law Question
Employment Lawyer: ulysses101,
 replied 1 year ago

Hello Mark, I haven't heard from you. Are there any developments in your employment matter? Have you heard anything from the employer, or union, or police?

Ulysses

Ask Your Own Employment Law Question
Ask ulysses101 Your Own Question
ulysses101
ulysses101
ulysses101
Category: Employment Law
Satisfied Customers: 3,601
3,601 Satisfied Customers

ulysses101 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,773 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I worked at Walmart for 11 years. I have been without my
I worked at Walmart for 11 years. I have been without my knowledge been watched for over 25 years. During the past 4 years I have heard a loud noise/voice yelling. My co workers hear this and laugh an… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I did have a question about Employee personal privacy, in
i did have a question about Employee personal privacy … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Does this stand out of the norm or is it safe to sign ?:
Second opinion] Hi, does this stand out of the norm or is it safe to sign ?:"Injunctive Relief for Breach. Consultant's obligations under this Agreement are of a unique character that gives them parti… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I am curious if a company can legally tell an employee they
I am curious if a company can legally tell an employee they have to stay and work. when the employee has an appointment with a dr's office … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,882 satisfied customers
I have another question for you regarding an ex employee
Roy, I have another question for you regarding an ex employee with a covenant not to compete (i.e. stealing a client)… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
A friend of mine was suspended from walgreens for what she
a friend of mine was suspended from walgreens for what she said to a shift supervisor in a private meeting. were any privacy rights violated. the employee was called into the office, asked to close th… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can a federal employee file a tort claim against a federal
Can a federal employee file a tort claim against a federal manager who erroneously reported to the employee's Manager that they removed equipment from a locked room without permission which resulted i… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
PRIVACY LAW QUESTION FOR CONFIRMATION: As I understand, an
PRIVACY LAW QUESTION FOR CONFIRMATION: As I understand, an employer in Wisconsin is not legally obliged to keep the presence of an employee living on their property or working for that employer -- a s… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have been terminated from employment from a hospital as a
I have been terminated from employment from a hospital as a security Access control now they state to my wife that there is money missing and equipment and the person who took it had messed with the c… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,188 satisfied customers
When an employee wishes to "invoke their right to privacy"
When an employee wishes to "invoke their right to privacy" and directs their employer to hide from others that this employee exists as their employee and/or may be found on the employer's property, wh… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,877 satisfied customers
I moved jobs from one employer to another on good terms. The
I moved jobs from one employer to another on good terms. The second company supports the first. I was told by my present employers that the first company told them I am not allowed to login to the fir… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,606 satisfied customers
Do employees have legal rights to privacy of their personal
Do employees have legal rights to privacy of their personal health information? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,966 satisfied customers
I was informed today that my deceased minor son's medical
I was informed today that my deceased minor son's medical record was accessed by a doctor in my place of employment, a completely different hospital where my son was never treated as a patient and is … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Are Corporate payroll records protected by privacy
Are Corporate payroll records protected by privacy regulations? That is, if I were to demand payroll details of a separate Corporation considered to be a joint employer who provided staffing services … read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
I was recently assaulted by the adult daughter of one of my
I was recently assaulted by the adult daughter of one of my companies mid-level directors, while this director watched. It was the day before she was scheduled to retire. I want to know if I should ta… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,195 satisfied customers
Can you sue employer over patient privacy laws? tennessse,
I had an injury 3 years ago. I was disiplined in august with suspension for 3 days without pay -on the suspension letter he included my injury information on the letter-is that a violation of patient privacy laws?… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,195 satisfied customers
I need lawyer with privacy law expertise. You see my
I need lawyer with privacy law expertise. You see my coemployees are reading my email , intercepting my packages and letters when they're coming, listening to my telephone conversations and text and s… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,966 satisfied customers
If a breach of privacy (personal details of a" assault" on a
If a breach of privacy (personal details of a "sexual assault" on a college campus (no physical, verbal or threat-only a couple of "flirting" consensual texts and only occurrence between two people) w… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,195 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x