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Wrongfully Terminated? Virginia

On Lawyer & Legal » Employment & Labor Law

5,703 words with 11 Comments; publish: Tue, 26 Feb 2008 15:11:00 GMT; (800109.38, « »)

I have a friend who was suspended from work due to allegations she has been passing along confidential information. She works in the Human Resource department which is a total staff of two, her and the Director. She was suspended for an investigation and submitted a statement denying the allegations. Before the 5 days of suspension was expired the Director of HR called her in and fired her. Can you be fired based on gossip and allegations? She is almost at her 2nd year of employment there and has not been disciplined in any other way while working there. She states there is no way to defend herself against a group of people who are insistent on making false allegations. What should she do?

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  • 11 Comments
    • dkr101 - that was major venting.......i should know, i'm honorary captain of the olympic venting team (a fact many here can/will attest too).

      A little tact goes a long way on this board.....there are many posters/moderators here who know thier stuff, but they are here of thier own accord - "that's not what i want to hear" doesn't get you very far (that is also a gem from the personal experience file...fwiw)

      #1; Wed, 16 Apr 2008 18:57:00 GMT
    • I know what my employer terminated me for was not unlawful...just in my opinion circumstantial.....thanks for the output on what employers have has rights and what the employee has.....didn't mean to come off abrasive:)
      #2; Tue, 15 Apr 2008 13:49:00 GMT
    • It cuts both ways. While you can be fired for any reason not prohibited by law, employees can also quit for any reason, even without notice. If an employee wants to go work elsewhere, absent a contract, they may even if it puts the employer in a real bind.
      #3; Tue, 15 Apr 2008 14:03:00 GMT
    • venting????....just saying my peace...you know-- "opinion"....I am sorry I wasn't entitled to that??? wrong website...oops my bad!!....I can clearly see that you don't make the laws....and I didn't say what I said to offend any of you....so why would you take offense to something that you didn't make??

      Ya know... decaf tastes just as good as the regular kind without all those nasty little side effects.

      Regardless, there are many times that we, as people, go above and beyond what the law says we must do. However, that activity does not change the law in any way.

      #4; Tue, 15 Apr 2008 13:07:00 GMT
    • Are you done venting now? We don't make the laws.
      #5; Tue, 15 Apr 2008 12:58:00 GMT
    • venting????....just saying my peace...you know-- "opinion"....I am sorry I wasn't entitled to that??? wrong website...oops my bad!!....I can clearly see that you don't make the laws....and I didn't say what I said to offend any of you....so why would you take offense to something that you didn't make??
      #6; Tue, 15 Apr 2008 13:04:00 GMT
    • Honestly, if you want to vent, go to a blog. This site is intended to convey the laws as they are, based on the responders' extensive experience. I'm done here.

      And if you would read my post for what it was...and that is what is the right's of the employee....you wouldn't take offense to it...I have a right to be just a little annoyed by the law....and your right cy jeff... it doesn't change it...but as an civilian what rights do I have as an a employee...the employer is fully protected.......no need to leave and by all means don't be offended....I am not going to ask what I should do in my situation because I have read and seen my options....

      #7; Tue, 15 Apr 2008 13:30:00 GMT
    • I see nothing illegal done here. She can be terminated at any time for any reason not protected by law (ie age, gender, religion) or unless she had an employment contract to the contrary.

      There is nothing illegal in terminating her due to suspicion of passing along confidential information.

      #8; Tue, 26 Feb 2008 15:33:00 GMT
    • OK, I'll backtrack and try to explain. Employees have rights. Employers have rights. Not everything is legislated. Laws say what the employer must do and what the employer cannot do. Some states have more laws protecting the employee than other states; Virginia is not one of those more "employee-friendly" states. Pretty much everything else is up to the employer. If the employer chooses to believe the other employees over her, they can do so, because there is no law that says they can't. However, even in the aforementioned "employee-friendly" states, none of what you described is a violation of law. Just the way it is.
      #9; Tue, 15 Apr 2008 13:40:00 GMT
    • I am new to this forum...and from all i have read so far..you can be terminated for ANYTHING....the employers has all rights protected by law and the employee has NONE??? Makes you not want to work as a civilian!!! I was "wrongfully" terminated a few weeks ago by my employer..and though it wasn't illegal why I was terminate....I didn't do anything ILLEGAL to get terminated.....I was terminated because my employer says I didn't do something I was suppose to do...when I did....survellience shows me doing it...however there is also a "but".....I didn't allow my second shift associate to watch me do it.....BUT its been done that way for the last 3 years I have worked for them.....but I get terminated and humiliated??? And from what I read my only options are to find another job or collect unemployment??? Virginia labor laws protects only the employer not the employee...what do we have as rights???? The right to be screwed at any given time....for whatever reason.....as long as they didn't discriminate against my race...sex...or.....religion...but hey I can accuse you of doing something that you didn't do...and FIRE you..tough luck...find another job to screw you again...whatever happen to job sercurity????? I am sorry that your friend lost their job.....and i am sorry I ever moved to VA...military is looking real good right about now!!
      #10; Tue, 15 Apr 2008 12:54:00 GMT
    • Honestly, if you want to vent, go to a blog. This site is intended to convey the laws as they are, based on the responders' extensive experience. I'm done here.
      #11; Tue, 15 Apr 2008 13:05:00 GMT