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Can you sue an employer for making false statements about you. That were really not true?

Houston, TX |

So I've been with the company since 2010 and I'm a very hard worker and a great salesman, I wanted to make this job my career. But last week my co workers were making accusations saying I was using hard drugs. And for one I've never touched that stuff in my life. Neways I was smoking herbal incense and that made me Skinner and not function as well but I never smoked that stuff at work. I did have a seizure from it and quit it completely after that. I understand its an at will employment state. But if they suspected I was a drug user shouldn't they piss test me so I can prove I'm not on that? Well my boss suspended me bc I was making accusations that I kne were true but can't prove all of it. And HR is looking into it. I think they fired me. Should I be expecting a letter from them?

Attorney Answers 6

Posted

This doesn't appear to be a legal question but you should wait until you hear something before making a move. How do you not know if you're fired or not?

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Posted

Bc they sa

Asker

Posted

My boss said he's going to suspend me for just the weekend and discuss with hr where we go next. Well its now Friday and haven't heard a thing from anybody.

Posted

I'm not sure what the question is here, are you asking about libel or wrongful termination? Under the facts as stated here I don't see a case for either, but more information is needed

This is general advice and does not establish an attorney-client relationship.

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Posted

Yes wrongful termation. Defamation of character

Posted

Does not sound like you have a cause of action yet but that may change.

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Posted

While I am uncertain of your true issue here, I do think you should expect to be informed of your termination. That said, I am not sure that you have a legal cause of action.

I hope this was helpful.

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Posted

Not sure what you are asking. Best to call a local employment lawyer

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Posted

Based on the facts that you have summarized in your post, you do not have a sound factual basis for a defamation action and you do not have a sound basis for a wrongful termination claim.

You cannot prove by admissible evidence the falsity of the co-workers' statements; you cannot prove that the co-workers' statements were not opinion; and you cannot show damages that were caused by their statements.

As for the potential claim about your anticipated termination, you are an at will employee (in a strongly at will state) and can be discharged at any time for any reason except for a discriminatory reason. These facts will not provide you any shield by virtue of the anti-discrimination laws. Your employer does not need a reason under the law to terminate you, but even so there are multiple legally-sifficient reasons just in what you have admitted to here.

The employer is NEVER required to provide you a urine test for unlawful substances.

No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.

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