Can an employer in an “at will” state terminate your employment based upon the hearsay of another co-worker without giving you due process?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can an employer in an “at will” state terminate your employment based upon the hearsay of another co-worker without giving you due process?

I was fired based on hearsay from another employee. I was never told what she said, nor was my statement taken or was I asked any questions. I was just fired. I never faced my accuser or was given any paperwork other than that of my termination and the reason they choose. In addition to false claims, there were also false evidence provided (i.e. false eyewitness account) I was the only African American working on my unit and I feel they made their decision based on the reputation Detroit carries, which is where I am from.I fact, 2 weeks before my termination, a minor argument about my race arose.

Asked on July 4, 2012 under Employment Labor Law, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

There are two different issues here:

1) An employee at will may be fired at any time, for any reason, and has no right to due process--e.g. no right to confront accusers, no right to tell his/her side of the story, no right to dispute (or even see) any evidence against him/her, etc. The employer does not need to prove or validate any alleged reason for termination. Due process rights apply to criminal and certain quasi-criminal actions by the government; they do not apply to private employers making employment decisions.

2) That said, it is illegal to discriminate in employment on racial grounds. If you think your termination was based on racial bias, you may have a racial discrimination claim or lawsuit; you could contact the federal Equal Employment Opportunity Commission (EEOC) or your state equal/civil rights agency. Alternately, you could speak with a private attorney about possibly bringing a lawsuit.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption