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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117440
Experience:  20+ Years of Employment Law Experience
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What legal action if any can a employee take after receiving

Customer Question

What legal action if any can a employee take after receiving a preformance warning without merit? I can prove that all allegations are false and what I can't prove is he said she said.
Submitted: 1 year ago.
Category: Employment Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen. are asking a very broad question. Can you perhaps provide some context? What is going on?

Customer: replied 1 year ago.
I was accused of creating a hostile work enviorment and recieved a preformance warning listing serval unfounded complaints one of which is from a vendor employee stating she was resigning due to stress in the work place the employee is not someone I have any communication with as I work Monday - Friday and she worked Saturday and Sunday. So how am I responsible for her work related stress issues. Another is from an employee of the same vender stating that he was not returning because I was targeting him and wanted to get rid of him. This individual left his post which is grounds for termination and I happened to walk by when he had left his post. The employee had been previously reprimanded by his supervisor, not me, about abandoning his post at which time he had been informed he would be terminated if he abandoned his post again. Same employee had just been demoted by his supervisor the week before my observation was made. Two other vendor employees made same hostile work enviroment accusation. Their story is that I created a hostile when enviroment by taking a photo of them while they had also abandoned their posts. Per our contract with the vendor abandoning a post is grounds for termination. I can prove that the basis of the warning has been fabricated.
Expert:  P. Simmons replied 1 year ago.

I sent an offer to discuss this over the phone. If you accept we can chat. Otherwise I will opt out and allow others to assist you

Customer: replied 1 year ago.
Do I need to resubmit my question?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am a different contributor as your previous contributor had to leave.

Legally a hostile work environment, according to the US Supreme Court, is one where your conduct was based ONLY on the age/race/sex/disability/national origin of the other employee (not vendor or contractor). So if they are claiming that taking an alleged hostile work environment it has to be on one of those grounds.

If they are making a false complaint, you can sue each person who made the false complaint for defamation/slander and seek damages from them. You can also file a written refute of the allegations with the employer with a copy of your evidence and ask it be included in your file, which is up to the employer. If the employer refuses, then you can pursue the vendor/contractors in court for damages to your status at work for defamation and seek money damages from them.

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