If I was fired from my job due to a video accusation that I have never seen, what should I do?

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If I was fired from my job due to a video accusation that I have never seen, what should I do?

I was terminated from my job because of a video accusation that states I took money from a customer and did not turn it in to the company. There is supposed video capturing my actions but I have not seen it and I was terminated for this. Is this legal? Do I have the right to see this video?

Asked on March 2, 2012 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is almost certainly legal, and you would not have the right to see the video. There is no "due process" in termination decisions, unless you have an employment contract (including a union agreement) which gives you certain rights, such limiting the grounds for firing you, requiring that a certain discipliary process be followed or that there be evidence of infractions, etc.

In the absence of such a contract, however, you are an employee at will, and your employer has the right to terminate you at any time, for any reason. They do not need to prove their reason or provide you any evidence to support it.

The exception would be if you believe that the stated reason is a pretext (basically, a cover story), and you are really being fired because of a protected characteristic, such as due to your race, religion, sex, age over 40, or disability. If you think that's the real reason for your termination, you should consult with an employment law attorney to see if you have a case and what it might be worth.


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