Alex How is falsely accused of discrimination at work handled?
Whether the investigation is handled internally or externally, you should be 100% transparent with the investigator. There are a number of cases where the accused employee withheld information from the investigator citing privacy concerns, and the employee was ultimately terminated or disciplined for not complying with the investigation.
Can a former employee file a false discrimination claim?
Accusations of discrimination and harassment are always distressing. Although most people who file these claims are telling the truth, there is the chance that a disgruntled employee, or a former employee, may file a false claim against your business. Develop a process for handling these complaints before one crosses your desk.
Can a person be fired based on a false accusation?
Almost any person would be upset if someone falsely accused them of misconduct and an employer chose to terminate them because of the accusation, especially if the employee doesn’t believe the employer did a thorough or fair investigation. Despite this fact, in most cases being terminated based on a false accusation is not wrongful termination.
What should I do if I am falsely accused at work?
When news of the false accusation reaches you, your initial reaction will probably be anger. While that’s completely understandable, it’s important to keep a cool head on your shoulders.
Whether the investigation is handled internally or externally, you should be 100% transparent with the investigator. There are a number of cases where the accused employee withheld information from the investigator citing privacy concerns, and the employee was ultimately terminated or disciplined for not complying with the investigation.
Almost any person would be upset if someone falsely accused them of misconduct and an employer chose to terminate them because of the accusation, especially if the employee doesn’t believe the employer did a thorough or fair investigation. Despite this fact, in most cases being terminated based on a false accusation is not wrongful termination.
Can a employer discipline an employee for a false complaint?
Employers can credit the story told by the accused and can even discipline the complainant for a false complaint. However, the employer runs the risk that, if the accusation was true, the victim of the harassment can take the employer to court.
What can employers do to treat employees accused of harassment fairly?
Thus, the safe path for the employer is to credit the accuser and not the accused. However, if the real reason for discharging the accused is unlawful, covering up the real reason with a false accusation of harassment can lead to employer liability. What can Employers do to Treat Employees Accused of Harassment Fairly?