Legal Question in Employment Law in New York
Female Co-worker filed false physical abuse claim leading to unfair termination
A female co-worker (I am male) filed a false charge that I had grabbed her arms with extreme force and shoved her backwards. That same day she also filed a false charge of a verbal threat against her from another male employee and a charge of sexual harrassement from a third male employee. She didn't report any of these incidents to the two on-site supervisors instead she contacted the district supervisor. The following day at the end our work day, we were each called in, requested to sign an admission statement of agreement to the incidents. Upon my refusal, the district supervisor showed up and verbally threatened me for refusing to sign. There was no investigation done by our human resource dept. Also, this supervisor had been threatening to fire me and verbally harassing me since the previous month when I had to take two weeks off for a Military Reserve duty. What are my rights?
2 Answers from Attorneys
Re: Female Co-worker filed false physical abuse claim leading to unfair terminat
There is a federal statute that protects military personnel from discrimination by employers because of their military service. There are, of course, specific criteria that must be met to be protected by the statute. Feel free to contact me if you would like to discuss the issues further.
Re: Female Co-worker filed false physical abuse claim leading to unfair terminat
This sort of thing happens all too often, I'm afraid.
You certainly should not sign anything that is not true. Not only is that a good general principle, in this case, you would be opening yourself up to a lawsuit from the accuser and possible criminal liability for battery. The company has no power to force you to sign the document.
That said, however, you are (most likely) an employee at will. The company can fire you at any time for no reason, unless you have a written contract (either personal or through a union) to the contrary. So you have to tread carefully with this supervisor of yours.
I suggest talking to personnel directly. Tell them the truth about the incident and tell them that the supervisor has been making unreasonable demands that you sign a false document. Tell them you want to keep your job and will cooperate with the company, but that you will not falsely incriminate yourself or anyone else. See what they say.
Good luck.
Tom
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