Legal Question in Employment Law in California
Fired for
A month ago my husband, a restaurant mgr, was accused of two sexual harassment claims and told ''not to do it again'' though was never told what ''IT'' was. He does not believe he did anything that would pertain to sexual harassment. Nothing further was said regarding the issue until today; he walked into work and was given a letter stating that he was being terminated because of these claims. Does he have the right to know what he allegedly did wrong? Should we pursue any kind of action for being fired under these circumstances? He states that the company was letting go due to budget cuts and feels that these claims were used as a gray area for termination.
3 Answers from Attorneys
Re: Fired for
I am terribly sorry to hear about your husband's situation. He has a right to ask for his employee file, specifically all documents he has signed and view documents he has not signed. However, the employer has a duty to protect the privacy of the employees who have made allegations against him (even if they are false). As such, it is possible that the employer may not provide more detail. Accordingly, if your husband feels his rights were violated, he did not engage in any wrongful or questionable conduct at all, then he whoudl seek legal counsel in your area.
Best of luck, Beth Mora
Re: Fired for
Your husband was probably an "at will" employee. If so, they didn't need an excuse to fire him. He MIGHT have an action for defamation against the alleged victims if they were in fact falsely accusing him of improper actions.
But if he was being laid off due to budget cuts, it doesn't matter what excuse they gave him.
Re: Fired for
Someone fired because he was accused of sexual harassment by TWO individuals should focus on ensuring his personnel file and company references and statements about him don't kill his chances of employment in the future. We can help in doing so, feel free to contact us.