Roger has worked for his company for 13 years. Now he has been getting employee correction notices after engaging in union activity. The notices are not valid or true. The company appears to be building a file in order to terminate him. The most recent one states that it is the final warning. I am aware that this is an at will state, but are there any laws forbidding an employer to lie about someone in order to terminate them?
There are no laws that say an employer cannot lie to terminate you. However, there are laws that say the employer cannot terminate you for participating in union activity. The "lies" told by the employer would be issues of fact for a jury to decide if they were true or not. I would highly recommend that you contact and speak to an attorney immediately. Sometimes, a letter from an attorney before you are terminated which reminds the employer that it is subject to litigation for retaliation, can save your job. Do not wait, call someone. Search Avvo for lawyers in your area.
You will find my response to your question below. Please read this before you move ahead. If you believe my answer to be the "BEST ANSWER" to your question, please click the link to designate the answer as such. If you found the answer helpful, please click "Mark as Helpful." I ask this of you in order to determine if I am serving the non-attorney visitors of AVVO to the best of my ability. DISCLAIMER: This message should not be construed to be legal advise. The purpose of the message is informational only. Please note: this response does not create an attorney-client relationship. Ms. Lyne is a Florida Bar licensed attorney and practices law in Florida only.
You have to file an "unfair labor practice" charge with the National Labor Relations Board. It doesn't matter if you are in a union or not. The NLRB has a very strict 6-month statute of limitations to file. You may wish to file a charge prior to being terminated, or you could file the charge after you are terminated. I strongly recommend you consult with an attorney prior to being terminated.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline