Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Not sure. There is a situation that has arisen at work that…

Customer Question
Not sure. There is...
Not sure. There is a situation that has arisen at work that is very disturbing. My boss made a formal complaint about my behavior and that of a co-worker that is completely untrue, however, the accusation itself is damaging and I don't know if I need a lawyer. I can provide background if necessary.
Submitted: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 3 minutes by:
1/31/2016
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,626
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over

In a workplace context, you can't really count on being able to use an attorney. Employers are not courts, so they don't have to entertain the arguments of an attorney. In employment law, if you do not have a contract of employment that expressly states you can only be terminated for cause, your employment is "at will" and can legally be terminated at any time. I know you have not mentioned termination, but your employment status is instructive concerning the "due process" you might be afforded too. An "at will" employee is entitled to no due process, so an attorney can't really help in the workplace.

Where an attorney could assist is in a personal injury context, with you alleging defamation of character against the person making the false statements against you. You'd sue the individual, outside of the workplace, in state court and handle that as a personal matter. The employer wouldn't be involved.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter

Ask Your Own Employment Law Question
Customer reply replied 2 years ago
Hi. Thank you for the response. There is no indication that either myself or the other person involved is being let go. They are investigating the alleged allegations. I am wondering if anything can be done when I am cleared to the accuser? Doesn't the fact that he is continually trying to cause problems (this isn't the first time he's tried to do something like this but it is escalating) create a hostile work environment?
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago

Hostile work environment is a very specific legal claim. While it certainly sounds like it would fit many situations, it really only refers to harassment that is based on discrimination due to race, religion, gender, age, disability or recent FMLA use.

So unless you are able to allege that one of those is the underlying basis, you wouldn't have a hostile work environment claim and your only recourse would be through personal injury defamation claims against the individual.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,626
20,626 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. 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:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

20,626 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 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

4,029 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.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I have been having issues dealing with a problematic
Hi, I have been having issues dealing with a problematic coworker. They are my subordinate, and they refuse to do tasks that are asked of them. I have reported insubordination. As a result, my boss re… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,474 satisfied customers
My boss interviewed two co-worker and tell them I have been
My boss interviewed two co-worker and tell them I have been blackmail and employee to get him to work my holidays and that I had received bribery from the same employee to do his work. He was trying t… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
In a meeting in hospital, all RN's, I was accused by someone
In a meeting in hospital, all RN's, I was accused by someone complaining about me that I was a "sociopath". This is in a medical setting and the person making the accusation is a RN with a psych backg… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,555 satisfied customers
A co-worker has reported to my manager that I am repeatedly
A co-worker has reported to my manager that I am repeatedly adjusting myself in public (yes...in the area that has to do with my private area.........and I am male). The co-worker reports that he or s… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
A coworker accused me of being racist and prejudice to a
A coworker accused me of being racist and prejudice to a contract worker and I have never made any statements or acted in that way. I have a black father in law, black daughter, mixed wife and another… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am a nurse. There was a conflict with another co-worker where
I am a nurse. There was a conflict with another co-worker where we were called into the office to talk with our manager. During the conversation in the office, she accused me of abusing patients. I ha… read more
TexLaw
TexLaw
Attorney
Post-Doctoral Degree
4,347 satisfied customers
Recently received access to email of employee ( off last
Recently received access to email of employee (laid off last week) since I will be absorbing her duties. Found many inappropriate emails between her and her boss about me, my boss, a coworker, and my … read more
TexLaw
TexLaw
Attorney
Post-Doctoral Degree
4,347 satisfied customers
I have a situation at work with my newly appointed manager.
I have a situation at work with my newly appointed manager. In my 30 years in the workforce, I have never been in such a stressful and uncomfortable position. He is a co-worker that I even endorsed fo… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I have a co-worker who told me he heard I was leaving the company.
I have a co-worker who told me he heard I was leaving the company. My co-worker said that he had heard it from someone that was in a weekly staff meeting of department heads. The someone that told him… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I live and work in Arizona. Our corporate offices are in Oregon.
I live and work in Arizona. Our corporate offices are in Oregon. I am/was the Activity Director in an assisted living community. I am currently on my second FMLA due to stress on the job. I told my su… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
3,007 satisfied customers
I am a manager and work for a local government - union shop.
I am a manager and work for a local government - union shop. For 7 years one of my employees has directly and indirectly accused me of discrimination. (phrases he uses: favortism, disparate treatment,… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,474 satisfied customers
Background Im an african-american female work as an Executive
Background: I'm an african-american female work as an Executive Assistant at a private firm. I have worked at this firm for 7 years. I have had flexible work schedule (one hour work from home) that gr… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I work in a law firm and have 3 very difficult bosses. One
I work in a law firm and have 3 very difficult bosses. One of them is very abusive and the other two are very hostile. The abusive attorney shouts, intimidates, humiliates and curses and sometimes thr… read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
My wife is being harassed at work by her boss. It is a vindictive
My wife is being harassed at work by her boss. It is a vindictive retribution with malicious intent. Previous confluicts have been resolved in which my wife an her boss both suffered some disciplinary… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
I have been the target of harassment for the past few weeks.
I have been the target of harassment for the past few weeks. I wrote a formal complaint letter and delivered it to my supervisor. He then called in HR with whom I discussed the situation. The behavior… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I work in a department of 3 - my boss and my coworker. My coworker
I work in a department of 3 - my boss and my coworker. My coworker has complained to HR about my boss being unbearable and very difficult. This can be true. I have been asked to "talk with" HR about t… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Hello! I am a 38 year old Male who has been with the same ...
Hello! I am a 38 year old Male who has been with the same company for 20 years. I have worked my way up from entry level to the Whse. Dept. Mgr.. At work on 5/8/08, while preparing food in the break r… read more
Faye Lee
Faye Lee
JD and MBA and Masters of Law
96 satisfied customers
Currently I work for a large company in San Antonio, ...
Currently I work for a large company in San Antonio, Texas. My boss has been sited on numerous occasions based on employee complaints about his behavior to the Ethics Hotline avaiable through our comp… read more
Susan Roberts
Susan Roberts
Juris Doctor
715 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