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

Asked about 1 year ago - 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)

  1. Adam Kielich

    Contributor Level 18

    3

    Lawyers agree

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

  2. Byron Craig Alfred

    Contributor Level 9

    3

    Lawyers agree

    Answered . 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.

  3. George Costas Andriotis

    Pro

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . 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?

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  4. Tanya Marie Bachand

    Contributor Level 15

    4

    Lawyers agree

    Answered . 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.
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

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

  6. Christine C McCall

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more

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