Is it legal to fire someoneover a hearsay situation with no proof?
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Is it legal to fire someoneover a hearsay situation with no proof?
I was not given a proper hearing or even asked what really happened. They give everyone else a meeting and a hearing and an option to agree whether they said what was accused of them or not. I did not get the same treatment. Is this grounds to sue for unlawful firing? Do they not have to treat every employee the same especially when it comes to firing?
Asked on October 18, 2010 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you do not have an employment agreement or contract (including a union or collective bargaining agreement) which states the grounds or procedures for termination, then there is no obligation on the part of an employer to provide you with any hearing, chance to provide your side of the matter, etc. Similarly, there is no general obligation to treat employees the same; employers may show favoritism, treat some employees better than others, give some employees hearings or another chance that they deny to others, etc.
The only exception would be if the reason for the differential treatment is illegal discrimination. Employers may discriminate on many grounds; for example, a red state employer could discriminate against people with liberal or progressive views, and a blue state employer versus those with conservative views. However, certain specific forms of discrimination are illegal: employers may not treat people differently on such bases as race, religion, sex, age over 40, and disability. If you think you were treated differently for one of those reasons, you should consult with an employment attorney to see if you may have a case.
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