If I was terminated for sexual harrasment via text messages, but the company refuses to tell me the name of my accuser or show me any evidence, is this legal?
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If I was terminated for sexual harrasment via text messages, but the company refuses to tell me the name of my accuser or show me any evidence, is this legal?
The incident allegedly happened over 2 months ago and is just now having action taken against it. Then 2 days after I spoke to HR about some concerns I had regarding the job site, they acted.
Asked on January 28, 2017 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Was your treatment the result of some form of legally actionable discrimination? Did this action violate the terms of an employment contract or union/collective bargaining agreement? If not then as an "at will" worker your employer was free to set the conditons of the workplace much as it saw fit. This included when and why to teminate your employment and whether or not to present you evidence of alleged wrongful conduct.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, it is legal, unless you had a written employment contract requiring some sort of disciplinary process, noticification, or hearing, which contract terms were violated.
Otherwise, you are an employee at will and may be terminated any any time, for any reason whatsoever, without explanation, notice, or a chance to defend yourself, including due to unproven allegations of sexual harassment or because of other issues you have with work.
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