I was just terminated from my work this morning by HR after they claim I had downloaded pornographic materials on my work computer. I had no such images or materials on my system and yet an HR representative was said to have viewed screenshots from my system and deemed it so. I was notified of this decision by my director and manager and they both state this comes straight from HR and they have not seem the images and HR would not show them. There is no proof of this as they will not show this proof they say they have. I know this cannot be true as I do not have any such materials on my system. I have had some risqué images of models that I used as backgrounds when I worked alone but nothing that is by definition pornographic. I was fired for the reason of making fraudulent statements when I twice denied that I had such materials on my computer. Neither I nor my manager or director were shown proof of any of this. I was given a document to sign that I receiving a copy of the disciplinary record and was notified of a number to call to appeal the process. Should I get the ball rolling with an attorney before or after this process.
You DON'T need help with a wrongful termination lawsuit because, unfortunately, you were probably NOT wrongfully terminated.
Delaware, like almost every other state, is an “at-will” employment state. That means, unless an employee has a contract that says otherwise (and that is unlikely), the employee can be terminated at any time, for any reason (or even for no reason at all), and without notice. Unless there is reason to believe that the real reason for the termination was because of race, sex, age, disability, religion, or national origin, or unless there is reason to believe that the termination was because the employee engaged in some legally protected activity (such as filing a discrimination complaint, taking FMLA leave, or filing a workers’ compensation claim, for example) there is nothing illegal about the termination.
These cases are fact-sensitive, though, so you should talk to an employment law attorney in person to get definitive advice.
I'm licensed to practice law only in Indiana, so if you're in another state, I can't give you "legal" advice. My answer is simply "friendly" advice based on my experience as an attorney in Indiana, my knowledge of federal and common law, and common sense. Even if you are in Indiana, employment law questions are very fact specific, and based on the limited information you provided in your post, I can't give you legal advice, and my answer is intended as general information only. It doesn't create an attorney-client relationship.
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