What are my rights if I am being falsely accused of misconduct?
If an employee is being accused of wrongdoing, they are entitled to appropriate due process. An impartial investigation is warranted, including giving the employee an opportunity to know the allegations against them, to provide their side of the story, and to provide corroborating evidence.
I have dealt with many cases in which the investigation is flawed or the employer reaches the wrong conclusion about what happened, and the employee is fired, even though he or she may be innocent of the allegations, or the employer has grossly exaggerated the severity of wrongdoing. The employee in this situation may have a wrongful dismissal or constructive dismissal claim against their employer and may be entitled to financial compensation.