Legal Question in Sexual Harassment in Virginia

Friend Was Fired Over A LIE!

I have a friend who was accused of sexual harasment. She was fired. She told me they didnt even do an investigation they took the word of the 2 women who filed against her where she worked was an open area everyone sees everyone. The management of Human Resources did not even bother to ask anyone what did they see. To make a long story short can she sue the company for slander of her character can she sue for mental distress. Shes married for 17yrs. she has 2 children. Also one of the women that filed is known as a trouble maker. She said when she was fired everyone was like where are going she told she was fired for sexual harasment they couldnt believe it. I want to help her so bad but none of the lawyers here want to take that case I worked with at the same company so I know how she is what can we do please give us some advice


Asked on 10/26/04, 7:02 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Friend Was Fired Over A LIE!

There's a good reason as to why "none of the lawyers here want to take that case", which probably centers on the fact that defamation (slander or libel) cases generally are very hard to prove and in the Commonwealth the tort of Intentional Infliction of Emotional Distress requires that the alleged victim be able to show some actual adverse physical mainifestation which is credibly and causally related to the alleged conduct or actions of the defendant. This also can be quite difficult to prove.

Furthermore, since Virginia is a so-called employment-at-will jurisdiction, unless your friend was working under a contract of employment or collective bargaining type of agreement which provided her with specific safeguards against summary termination, her employer was free to terminate her at any time with virtual impunity

as long as no federal antidiscrimination laws were violated.

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Answered on 10/27/04, 9:52 am


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