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Husband is falsely accused of having alcohol on his breath. He is innocent and could lose his job. Any way we can prove this?

Herkimer, NY |

They wont reveal who says it . But we know it is someone with malicious content . He is worried if he loses his job to these false accusation it will ruin his chance at working at any future health care facility . Or obtaining his CL license . Can we seek counsel to demand they show proof . This is upsetting and to him is Defamation of character and can ruin him . He is innocent and has a malicious few women trying to get him fired after 3 years . He is very upset and we suspect they are doing this as so not to have to pay unemployment , since he has been accused and they wont reveal his accusers . What can we do to protect his good work reputation ? They never have proof cause there isn't any . How can he protect himself and his job ?

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Attorney answers 3

Best Answer

If this happens again he can voluntarily go to a clinic to be tested for alcohol. He can sue co-workers for defamation but he will need to prove that they are lying. As far as his employment, although alcoholism is considered a disability, showing up to work under the influence of alcohol is not protected. For unemployment purposes the Employer will need to prove misconduct, which is tough, but, absent additional proof that your husband was improperly labeled, and discriminated against, as an alcoholic, I'm afraid this would generally fall under the umbrella of "employment at will" where the employer can fire you for any reason (except specific statutory exceptions such as unlawful discrimination.) Best of luck.

Ryan Finn * 518.213.0115 * * Referrals are the highest form of compliment * Hacker Murphy serves clients throughout New York State and always pays referring attorneys a reasonable referral fee in contingency cases


Speak to an employment attorney. This is not a criminal question.

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


Retain an attorney experienced in employment law.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or

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