Termination Over False MySpace Page

My question involves labor and employment law for the state of: Massachusetts

I was a law enforcement officer and shift supervisor for approximatly four years, before termination. The law enforcement agency in which I was employed, set-up policies and procedures for the process of "demotion and termination". Although I am aware that Mass is an at-will-employment State, is there anything that protects from arbitrary and fallacious termination?

The facts are as follows:

Approximatly four years ago, I was the victim of a highschool prank. A false and slanderous Myspace profile was created and depicted as though I penned such a profile. The author of such a profile utilized my name and pictures that were were easily attainable. Contained within this profile were various racial slurs, confession of illegal drug use and raping various individuals (amongst other ubsurdities.) The profile was subsequently deleted by Myspace.

Yesterday, four years later, I was terminated by my employer for "Conduct Unbecoming of an Officer." Their reason was the public posting of racial slurs, etc... violated their Code of Ethics. They stated that they no longer wished to employee a person who created such a profile.

Ergo, I did not. I never authored such an egregious profile, nor condone or consent to what was stated on such. The profile surfaced some four years later and could not, or ever be proven to be authored by me...except for a photo and usage of my last name.

Their policy for "demotion or termination" states that a permanent employee can only be terminated or demoted after all appeals, if requested, have been exhausted. How am I suppose to request an appeal for termination before I've been terminated? Is this is a violation of their policy and procedures...?

Just a pointer, this is not the first time a fallacious doppelgang-ish profile had ruined an honest person's career and public image.

Thoughts on this...

Unless you had a legally binding contract or CBA that specifically says otherwise, this falls into the "unfair but not illegal" category. A wrongful termination does not mean that you were fired for something you didn't do; it means you were fired for a reason prohibited by law. It is not illegal for an employer to fire you for something they believe you've done, even if they are mistaken.

I am not aware what a CBA is, but the agency in which was employeed has a clearly written and established policy in which governs their termination process. We are not contracted, but we do "sign off" on these policies when employed.

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I am not aware what a CBA is

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Collective Bargaining Agreement.

Suspicion would satiate "just cause"? My employers policy indicates I may only be terminated for "just cause"...

Suspicion can be "just cause", yes.

So, basically alls it takes is for a person to create a false myspace...and an employer can terminate...and there is absolutely nothing you can do about it?

Something seems strange here. Are there other issues involved that you haven't included?

It just seems very strange that a law enforcement officer would be called in without warning and terminated. Also, your terminology is strange for a law enforcement officer. For example, very few law enforcement officers would refer to their agency or department as "my employer".

Also, in 4 years, it seems you would have developed a relationship with your co-workers and your management. The way you present the termination seems disconnected. Who were the "they" that you speak of? Your supervisor? People higher up?

If you can clarify any of these issues there might be some additional thoughts that could play into it.

Errr -- how else should I refer to my employer? I did not know there was common sense lingo that cops use to refer to the "man". I fail to see how my terminology is strange for an LEO.

Yes, I failed to mention that I am also openly gay. The department consists of over 1200 employees, so it is a little difficult to establish a rapport with managment. I also failed to mention that I am the only law enforcement employee with a graduate degree, and readily have been denied warranted promotions. Am I stating this is stemming from identifying with a disparaged minority group, no. But it does raise an eyebrow.

Also, I was currently involved in an internal investigation in regards to a home invasion on my residence, where nothing stemmed from it.

Thanks for clarifying. I'm don't think I can be of any help on this, but I did want to acknowledge your response. The only thought that I can offer is that whatever factors played into you being denied warranted promotions may have also been in play in your termination. If any of those were illegal and can be proven as such, you would have cause for action.

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Quoting ivedukewar

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Also, I was currently involved in an internal investigation in regards to a home invasion on my residence, where nothing stemmed from it.

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You can't know that. Maybe no criminal charges against the perps stemmed from it. Maybe nothing official went into your personnel file that documented anything negative about you or for that matter anyone in your household. I'm sure Carl may chime in on this too, but it's been my experience in law enforcement that it's the things that happen off duty in one's personal life that tend to be the "kickers". It's entirely plausable that IA, in the course of investigating the perps, the motive, or other aspect of this crime, uncovered something (maybe not even about you directly) that gave them pause about keeping you on the force.

You need to talk to an employment attorney. I would suspect that even if there wasn't overt discrimination, there was discrimination because you are gay that might well be found during discovery under a civil action. Discrimination against gay/lesbian police officers is very common and I would not discount it. Often in discovery the examination of documents and depositions of witnesses reveal lots of things the officer never knew was going on. Other times they don't want it to get that far and will throw in the towel with a settlement.

I would guess the web thing was just a good excuse for them to use.

1. Personally I would sue the web site and find out who put up that profile. Then I would sue that person into the ground.