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I just lost employment over a false claim of Intimidation…

Customer Question
I just lost employment...

I just lost employment over a false claim of Intimidation and threats

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

North Carolina

Lawyer's Assistant: Has anything been filed or reported?

With the HR dept. at Bank of America, where i was working as a contractor

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

They never found anything that could directly prove that I did carry out that type of behavior towards another employee. However, they did state that because of a link that I sent for a laugh, to the employee and some jokes, that they were terminating my contract.

Submitted: 4 months ago.Category: Employment Law
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Answered in 1 minute by:
3/7/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 4 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,387
Experience: Significant experience in all areas of employment law.
Verified

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

Are you asking if this was against the law? Also, can you clarify whether your contract contained any clauses limiting your employer's ability to terminate the employment? I very much look forward to helping you on this matter.

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Customer reply replied 4 months ago
No. It was at will employment. The allegations that were made against me were false. And it caused me to lose my employment and damaged my reputation.
Employment Lawyer: Patrick, Esq., Lawyer replied 4 months ago

Thank you.

If the employment was "at will" then it could be terminated, even base don false allegations, because that is the nature of at will employment. However, if you could somehow prove that the allegations were false, it might be possible to sue the person who made these false allegations for defamation. That said, it can be very hard to prove that you "didn't do something" because you are trying to prove a negative. The next issue is that it appears your employer is also justifying its decision to terminate the employment on a link you sent in an email and various jokes you made, which were apparently misconstrued. You would need to show that you would NOT have been terminated for these reasons on their own in order to claim damages--otherwise, if the same adverse employment action would have occurred without the defamation, you cannot claim that as damages arising from the defamation. This presents a serious challenge. The third challenge is that defamation suits against individuals are not going to involve any insurance. You are going to have to collect your judgment from the individual's personal assets, and most people do not have significant assets to pay a judgment, and they could choose to simply file for bankruptcy to discharge the judgment at any time. So, you usually won't be able to find attorneys willing to take these cases on a contingency fee basis. You will need to fund the litigation yourself, out of pocket, which can become expensive.

I realize this may not entirely be the answer you were hoping for or expecting, but it is the honest answer to your question, which I trust you will appreciate. As I'm sure you would agree, it would be incredibly patronizing of me to give you false information for the sake of providing "good news." That's not what you are here for.

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....

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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.

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