How do I challenge being fired from work for what I consider to be a false sexual harassment claim?

About a year ago a co-worker and I started having a relationship outside of the workplace. It never materialized into anything but the casual flirty comments still happen at work from both parties. The thing is though is that she still wants to be with me, and I have the messages to prove it, but she has now married another man. Anyway, I walked into work today to find out that she has claimed sexual harassment and so I lost my job, even though I have messages archived to prove otherwise, that what she’s claiming is a lie. What can I do?

Asked on June 13, 2016 under Employment Labor Law, West Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The fact is that an employee can be fired for this reason, any reason or no reason at all, with or without notice. That is unless doing so violates company policy, a union agreement or employment contract. Also, such action must not constitute some form of legally actionable discrimination (which it does not appear to have). The fact is that in an "at will" employment setting, a company can set the conditions of the workplace much as it sees fit. That all having been said, you should consult directly with an attorney as to all of this. Being falsely dismissed can effect your prospects for future employment, etc. While you may not get your job back, you can at least clear your record.


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