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What can you do when you are falsely accused at work?
Anonymous6 views3 answers
My husband claims that he has been falsely accused at work of recording staff privately. His boss came to him and stated that there is a mountain of evidence against him. She states that there are too many reports from other staff. She says that she can't tell him who made the claims or what they said specifically. He stated that he does not record anyone and can't understand where this is all coming from. He stated that he recorded one conversation between him, his boss, and his boss' boss a while ago. He was reprimanded for that, but explained that he only recorded the conversation because his boss' boss was conducting an important training in their meeting, and he wanted to make sure that he retained the information. His boss told him that she would use this against him as proof that he tried to record her, against company policy. I suggested that he go to HR, but he doesn't think that HR can be trusted. He said that he has seen HR scheme with managers to get employees out of the company. I told him that if HR does anything underhanded that he can go to the Department of Labor. He does not feel confident that it will work in his favor. Is there anything he can do?
I would add only, for your benefit and anyone who happens to be searching for answers, the sole exception to pure at-will employment (other than, as Mr. Marks notes, Human Rights violations) in NY is the NYC Fast Food Worker law.
If he happens to work in a fast food restaurant, he may have some protection otherwise he is in a tough spot particularly if he did not have permission to record the training session. If he believes his boss is using that as a pretextual reason to get rid of him for illegal (discriminatory or whistleblower) reasons, he should get a consultation.
https://www1.nyc.gov/site/dca/media/pr070221-Fast-Food-Worker-Just-Cause-Job-Protections-Effective-July-4.page
Unfortunately, under New York law, unless he has a contract or is part of a union, he is an employee at will. that means that he can be fired for any reason, even a false one, as long is it was not discriminatory (due to he age, race, national origin, etc.).
If he is not in a union and does not have a personal contract for his employment, NY is an employment at will jurisdiction: he can be fired for any reason or no reason just not an illegal reason.
If he is in the public sector (government) then he has at least civil service rights. If he is in the private sector with a union, he should talk to a union steward.
Otherwise, he should look for a new job.
