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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12928
Experience:  Significant experience in all areas of employment law.
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I was suspended by my company on 9/26/2016 for a harrassment

Customer Question

i was suspended by my company on 9/26/2016 for a sexual harrassment allegiation. They sent me for a polygraph but the polygraph staff stated that they couldn't do it(legal issues) that the only way it could be done is if I pay for it($450.00) which I can't afford. I was contacted by Human Resources Departmnt stating that I had to pay for it and they would reimburse me if I pass. I stated to them that I couldn't afford it She then stated that she would relay that to the CEO. I have heard nothing on the status of my employment. I left a message but have not received a call back. My question is this, what rights do I have in this matter? I know other employees know what happened.(I was told not to make any contact with other employees) so my reputation is probably ruined at that company
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: ohio
JA: Is the employment agreement "at will," union, full time or part time?
Customer: full time no union
JA: Anything else you want the lawyer to know before I connect you?
Customer: no that would be it
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

Expert:  Patrick, Esq. replied 1 year ago.

I am truly sorry to hear about this. Unfortunately, though, the general rule in Ohio is "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, there is no law that protects an employee from an untrue allegation. And since your employer could terminate you on the basis of an untrue allegation without first having you submit to a polygraph test, they can terminate your employment due to your refusal to submit to such test. All you can really do in these circumstances is cooperate the best you can with your employer so that they don't decide to let you go. Here, that would seem to mean finding a way to pay for the polygraph test if that's at all possible. If it's not, then all you can really do is write HR and attempt to make the case the best you possibly can that you did not engage in the conduct you have been accused of. I realize these options are not great, but I must provide an honest and direct answer to your question.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....