Can a employer terminate an employee for a false complaint?
Absent a clear, legitimate, non-retaliatory reason for an adverse employment action, such as the false harassment complaint here, an employer’s decision to terminate an employee for engaging in protected activity is potentially dangerous and should be undertaken only with a full understanding of all of the relevant facts.
What happens if you file a complaint against your manager?
If you were terminated after filing a complaint against your manager, you likely have the right to sue and receive compensation. As mentioned above, victimized employees have the right to pursue civil lawsuits – as long as they have been expressly granted the right to sue. You have the right to file a lawsuit; now, what?
What to do when an employee complains about harassment?
When an employee comes to you with concerns about discrimination or harassment, be understanding. An employee who sees that you are taking the problem seriously is less likely to escalate the issue to a government agency or to court. Don’t shoot the messenger.
What happens if you file a false harassment complaint?
The Board of Rights concluded that Joaquin had filed a false harassment complaint against Sands. Consequently, the LAPD terminated Joaquin’s employment. Joaquin appealed his termination to the Superior Court for a new trial. The Superior Court concluded that the evidence did not support Joaquin’s termination, and ordered him reinstated.
Can a manager be held liable for sexual harassment?
But here’s something not subject to interpretation: You, as a manager, may be innocent of any kind of sexual harassment yourself, but if the workplace you manage is construed as sexually hostile by any one of your employees and you don’t take appropriate action, you and your company can be held liable in a court of law.
Can a manager retaliate against an employee for discrimination?
In this day and age of rapidly rising discrimination lawsuits, it behooves an employer to cover all bases with wisdom, understanding, and ethical behavior. When an employee charges a manager with discrimination and then the manager retaliates to punish the employee, HR is legally obligated to officially and thoroughly investigate the charges.
Can a company terminate an employee based on a false accusation?
However, terminating an employee based on a false accusation isn’t an exception to at-will employment. If someone accuses you of committing some type of misconduct (theft, tardiness, harassment, etc.), your employer can terminate you based on that accusation, whether or not it’s true.
When to file a wrongful termination claim against an employer?
Such claims result from an alleged violation of federal or state anti-discrimination laws, employment contracts or labor laws, including whistle-blower laws. A wrongful termination claim can also be filed when an employee believes the termination was due to sexual harassment or in retaliation to a complaint or workers’ compensation claim.