Legal Question in Business Law in Virginia
employement law
I live in VA and a friend's employer accused her of improper handling of narcotics , she is a RN , the employer told her the issue was dropped since the investigation showed everything was accounted for. if this exact same issue is brought up again with no new grounds does she have any recourse? Is this harassment or defamation of character?
3 Answers from Attorneys
Re: employement law
Yes, since the accusation apparently directly involves the RN's fitness for her job, it's possible that a similar repeat accusation without sufficent grounds could create civil liability on the part of the accuser for defamation per se, depending upon whether and how publication of the matter may have occurred with respect to others.
Re: employement law
An employer has a right and a need to INVESTIGATE to find out what happened.
If there are questions, they would be wrong not to investigate.
So she should be prepared to defend herself against any false charges.
But she should not confuse an investigation with an allegation. (Nor should she allow anyone else to say that an investigation is a finding that there was anything wrong.)
Re: employement law
Yes, she may have a case here.
Related Questions & Answers
-
Pay phone is it legal to not put the rates on a phone call on a public phone? I... Asked 2/14/09, 9:02 pm in United States Virginia Business Law
-
Llc I form an llc and me and my sister-in law are the members but I changed and add... Asked 2/10/09, 10:52 pm in United States Virginia Business Law
-
Non compete clauses in contracts If you sold a business and had a non compete clause... Asked 2/09/09, 10:23 am in United States Virginia Business Law