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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12933
Experience:  Significant experience in all areas of employment law.
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Can my boss use anonymous accusations against me? (These are

Customer Question

Can my boss use anonymous accusations against me? (These are NOT- sexual harassment issues). Just general unsupported claims and data was gathered in an anonymous survey. I am in a low level leadership position - and do know of several subordinates that have disagreed with me in the past so I feel this is a 6th amendment issue (if this was to go to court)
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Unless you work for the government then your constitutional rights are not implicated by the facts in your post. This is so because, subject to very limited exception, the constitution only provides rights with respect to action by the government.

Unfortunately, the general rule in private sector employment is that employment relationships are "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even TRUE.

Thus, it would not be illegal for your employer to take adverse employment action against you on the basis of anonymous accusations--even if you could conclusively prove those allegations to be false.

The thing is, its serves no purpose for an employer to fire an employee without a good reason. Firing employees costs an employer money in the form of increased unemployment insurance premiums, plus advertising and training expenses for the replacement. Therefore, while employers are not legally obligated to be fair, they tend to be because it is in their own self interest.

So, all you can really do here is attempt to reason with your employer that you believe the anonymous allegations against you are unfounded and personally motivated based on disagreements you have had with your suboordinates. Any reasonable employer would give that explanation some serious consideration. But, at the end of the day, you cannot force your employer to be fair, and your only power is the power of persuasion.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Expert:  Patrick, Esq. replied 1 year ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.