(Closed) Legal (or any) Bee, please, I desperately need your help!

posted 6 years ago in Legal
Post # 5
Member
1211 posts
Bumble bee
  • Wedding: September 2014

@anon58236:  Most phone companies will not print the actual text messages, but you can get a list of every text sent and when (so you won’t have the actual text messages, but it will be a list of numbers and times they were sent/recieved). You can usually do this online if you log into your account. This should at least exonerate your Fiance if you can prove that he’s never texted any of these associates. 

Post # 6
Member
8041 posts
Bumble Beekeeper
  • Wedding: December 2013

@anon58236:  Can you bring this to HR or to someone higher up in the company? Document EVERYTHING.

I am sure you could get lawyers involved, but I would try going to a higher up first. Lawyers are expensive and taking on a big company isn’t always a good idea.

I hope this can be sorted out… this is ridiculous. It’s damaging to his reputation/career.

Post # 7
Member
3885 posts
Honey bee
  • Wedding: September 2011

I don’t think you have legal grounds to sue unless #1 he clears his name and #2 the co-workers who overheard the managers’ discussions create a hostile workplace for him. By not going back to work on his own, he pretty much takes that off the table, and if he goes back to work and everyone treats him professionally and politely, there would still be no grounds for suing, so long as he was paid for the time he was suspended.

If he were to apply for a job elsewhere and be turned down because the hiring manager had heard this gossip, he would have grounds to sue but only once he managed to clear his name.

It does sound like a pretty sucky situation all-around but I don’t think suing will be of any use to you, at least not just yet. If your intent is to sue eventually, I think he absolutely needs to concentrate on clearing his name, and then he has to return to work. You can’t claim defamation of character until first you prove that the accusations were false, and then that there were damages, and you can’t claim damages if you are permitted to return to work but choose not to OR if you choose to return and don’t have any negative side-effects like crappier schedule or hostile environment.

He should, though, take it up with the corporate headquarters HR department because the managers need to be disciplined for being willing to discuss this in front of the staff. That could create prejudice/hostile work environment for him, especially if he were to stay on the job and be held back from promotions, etc, just because of the rumors.

Post # 8
Member
2253 posts
Buzzing bee
  • Wedding: October 2012

@anon58236:  I don’t practice employment law or deal with matters of litigation but if I were your Fiance the first thing I’d do is to hire an attorney who should make sure the investigation and process is going by the book. Your attorney should handle the gossip with management and HR. In an investigation, internal matters shouldn’t be discussed so openly bc it could taint the credibility of the process or defame your Fiance. A cease and desist letter does wonders when people know they are in the wrong.

If the cellphone account is under your FI’s name, he can request a copy of his own records including text messages and a phone record log from the phone company. Usually companies will charge a fee for this. In the event this is a trumped up case, your Fiance may have legal recourse to sue his accusers in civil court for defamation and loss wages that resulted. As I said before, hire an attorney in your area familiar with this law. Good luck!

Post # 9
Member
431 posts
Helper bee
  • Wedding: November 2014

take them to court, you need cause to fire (at least I’m pretty sure you do). I would have him go in, get the reasoning (heck were a wire if you have to) and if they give no cause then I would would think that is illegal! Wow I mean if his phone doesnt work for heaven sake you can justify it! That is pretty shitty and I am SORRY for the situation you are in.

Post # 11
Member
2253 posts
Buzzing bee
  • Wedding: October 2012

@anon58236:  until you are able to hire an attorney, both you and your Fiance should keep separate logs or journals of things that have happened in this matter. Journal everything!!! People usually forget vital details the longer time goes. The log will help your attorney piece together a timeline of events. Also, if your FI’s workplace really screws up the investigation process, they may also be liable to your Fiance for a breach of duty (will vary by state). 

Post # 13
Member
2253 posts
Buzzing bee
  • Wedding: October 2012

@anon58236:  try to see if you can have an attorney present at the meeting. Also, make sure your Fiance keeps any paperwork he is given.  Good luck!

Post # 15
Member
3692 posts
Sugar bee
  • Wedding: December 2011

Do you have any idea why anybody would say such things about your fiance?  Does he have any enemies at the company?

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