Have a general question about employment law? Want to share a story? I welcome all comments and questions. I can't give legal advice here about specific situations but will be glad to discuss general issues and try to point you in the right direction. If you need legal advice, contact an employment lawyer in your state. Remember, anything you post here will be seen publicly, and I will comment publicly on it. It will not be confidential. Govern yourself accordingly. If you want to communicate with me confidentially as Donna Ballman, Florida lawyer rather than as Donna Ballman, blogger, my firm's website is here.

Friday, October 11, 2013

Help! I'm Falsely Accused By My Supervisor. Can EEOC Help?

Hello. I was wrongfully terminated with wild accusations by new management on his first day of working. The assistant manager had said I was getting a verbal warning and that the GM had agreed. The next day on my day off I was let go. It took HR 2 weeks to even answer my calls or emails very rudely. Finally, once they contacted me, they said they were conducting an investigation. This was a month ago. I have yet to hear from them again. I have been leaving all sorts of messages not bombarding but at least one weekly. Please help. Can EEOC do anything? I understand they only seek discrimination cases but I do not know who else to turn to.

Cindy R.

Hi Cindy. I'm so sorry to hear you are being kept in limbo by HR. They probably aren't responding because they don't think the company broke any laws when you were fired. You're right, that EEOC only handles cases involving race, age, sex, national origin, color, genetic information, pregnancy, disability and religious discrimination. They don't handle discrimination based on you being treated unfairly by your boss or falsely accused of something for no reason.

However, before you give up and decide you don't have any claims against your former employer, I'd suggest asking yourself why you think the supervisor singled you out. Are you of a different race, age, sex, national origin or some other legally protected category from your coworkers who weren't singled out? If so, it's possible he was picking on you because of discrimination.

Were you accused of something that other coworkers also did? If so, were they also fired? If not, were they of a different race, sex, national origin, etc. from you? This could also be evidence of discrimination.

Discrimination isn't the only thing to think about in this situation. If you recently made a worker's compensation claim, took Family and Medical Leave, discussed working conditions with coworkers, or objected to something the company is doing that is illegal (examples could be failing to pay overtime, safety violations, anything that is a violation of a law or government regulation), then you might also have been targeted due to a legally protected status. There are all kinds of legally-protected statuses that might apply to your situation (bankruptcy, garnishment, association with a protected person, to name a few).

Other legal protections you might have, depending on your state, could be jury duty, being a witness, domestic violence victim, having a gun in your car, legal marijuana use, marital status, bad credit, and many others.

If your dispute with the manager is purely a personality conflict, then you may be out of luck. But it might be worth talking to an employment lawyer in your state if you think you might fit into a protected category.

2 comments:

  1. I was termated from my job becauce some customer claims they over heard a horrible gay convention at a drive up and was wrongly acused. And would never say a bad word about that gender I have lost my beloved brother to the aids virus in the mid 80'and feel highly efended that they would even think such a way.in need of attorney. Wrongly accused.

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  2. I got fired with out no evidence the i work at a store and the register was short 200$ he said it was me on the next day 180$ were missing from my other coworker
    They checked the camara there is no proof on anything I know i did not take it and he my other coworkers did not take it so he told the manager to fire us what can i do

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I appreciate your comments and general questions but this isn't the place to ask confidential legal questions. If you need an employee-side employment lawyer, try http://exchange.nela.org/findalawyer to locate one in your state.