Employment Law Questions? Ask an Employment Lawyer.
Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....
Anyone can accuse anyone of anything, so your employer does not need evidence to make an allegation. However, if they were to actually sue you in court for breach of contract they would bear the burden of proof that you actually violated the confidentiality agreement. They would need to convince a jury by a preponderance of the evidence that this is what happened.
So, at your meeting tomorrow you can certainly ask for evidence, but you would not at this point in time have any legal entitlement to know whatever evidence they have or don't have. Only if you are actually sued would you have a legal right to know what they were basing their claim on.
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....
Unfortunately, employment in all states but Montana is purely "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.
So, technically this means you could be fired if your employer wants to fire you. It also means they don't have to provide the source of their information or for that matter any actual justification for their decision. If your employer does not want to continue employing you they are not legally forced to continue employing you. What this means is that you really need to work with your employer here and persuade them that the allegations are untrue and should not warrant termination. Although employers have great freedom when it comes to termination decisions, it does them no good to fire an employee without a compelling reason, so most employers are open to hearing what an employee has to say in response to allegations of misconduct and most employers will show the employee what evidence of misconduct they have even though the employer is not legally required to do this.
Again if there is anything more I can do for you just let me know. It's my pleasure....
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