Employment Law

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I have a friend that has been falsely accused of harassment.

Customer Question
I have a friend...

I have a friend that has been falsely accused of sexual harassment. The claimant and the a used were both texting one another and sending pictures to one another for 3 days during while off of work for 3 days. It was mutual . On the 3rd day to claiming stated she was uncomfortable bc the accused was in a relationship. The accused stated he understood completely and agreed and assured her it would remain professional moving forward. Upon returning to work after the hurricane he was called into the office and suspended based on her messages she showed the officials. The problem is she deleted most of her messages and made appear as a one sided conversation. The accused deleted the messages as he is in a relationship. He has hired a forensic analysis company to pull the data however the officials have already finished their investigation without giving him the opportunity to provide his evidence. It is donkey based on incomplete inaccurate information. What are his options should he be terminated in the meeting tomorrow?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Texas he works in education

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Fulltime at will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that pretty much sums up the situation

Submitted: 8 months ago.Category: Employment Law
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Answered in 4 days by:
9/19/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 8 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 124,266
Experience: 20+ Years of Employment Law Experience
Verified

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

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Employment Lawyer: Law Educator, Esq., Attorney replied 8 months ago

The issue with at will employment is the employer needs no reason to terminate an employee and can terminate for any reason except based only on your age/race/sex/disability/national origin and your only recourse is unemployment.

However, if you uncover the other text messages, it is possible to sue the employer for doing an incomplete investigation, which would be negligence and grounds to make the employer liable for their negligent investigation. Furthermore, since the accuser lied knowingly and misrepresented what happened and deleted the truth that the situation was mutual, you can personally sue the accuser for defamation for making a false complaint against you and seek money damages against her for your lost wages/employment.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Law Educator, Esq.
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Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 124,266
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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).

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