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Do I have the right, if reasons for termination are not found to be creditable, to have these implications removed from record.

Wichita, KS |

I was recently terminated from my job. I have an unemployment hearing tomorrow. The reasons for my termination, in my belief, have no foundation and are based on hearsay evidence from my employees and cannot be proven.
I was accused of:
1) Creating a Hostile work environment
2) Smoking on company policy. Policy states I get 3 other options for discipline than termination.
3) Inappropriate language
4) Theft

Have unemployment meeting tomorrow where all evidence will be brought forth. Much of which I believe will be hearsay evidence from employees, who will not be present.

If evidence for their reasons can not be substantiated, would I have a defamtion/liable suit against them as the claims could be detrimental to me finding employment in the future in my profession.

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Attorney answers 1


If your employer willfully lies to a future potential employer about the reasons for your termination, then you MAY have a case against your former employer. If the employer has reason to believe that what they are saying is true, then you won't have any basis to pursue a claim against the company, and according to your posting, there are other employees who accused you of these things, giving your former employer reason to think they happened.

Of course, right now, the entire issue is moot. Many employers refuse to provide details about termination to potential employers to avoid this entire issue. If it does become a problem, talk to an attorney then.

This answer is provided for guidance only. DO NOT rely on it as legal advice. We DO NOT have an attorney-client relationship. You should contact an attorney in your area for a one-on-one consultation before pursuing any action or making any decisions.



Ok, thank you. What it comes down to is that I had employees that were not happy with the forward movement I was trying to take the department. When not happy, they came together and made up infractions they believed would get me fired. Most of the claims made have no fact and can ony be colaburated within their small little circle. Unfortuniatly, my employer did nnot give me the opportunity to defend myself or against the claims against me without due process that would be afforded a normal person. They took their word and fired me.