Occasionally an employee will accuse a coworker or supervisor of improper conduct such as sexual harassment. These situations are difficult to deal with on several levels. To start, an employer must conduct a proper investigation of the allegations before deciding to terminate the accused employee. If the company fails to do this, it may be liable to the employee for damages.
While Massachusetts is an “at-will” state, some employees have employment contracts with their employers. If there is an employment contract, the company should carefully read it prior to conducting the investigation to ensure compliance with the terms of the contract. This will help avoid any breach of contract claims. Even if there is not an express contract, an employer may be bound to follow procedures set forth in an employee manual.
In addition to contract claims, a company may face potential liability for interference with a contractual or advantageous relationship. If a company fails to properly and objectively investigate allegations of misconduct, but goes ahead and terminates the accused employee, this may make the company liable to the discharged employee.
If you are an employee that has been fired due to allegations of misconduct, consult an attorney today to know your rights. If you are an employer investigating an employee’s allegations of harassment, you should consult an attorney to know your obligations and to develop a proper investigation technique.
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