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  1. #1
    Join Date
    May 2008
    Posts
    1

    Default Wrongfully Accused and Facing Demotion

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

    My husband is a salaried manager who has recently been accused of assaulting a 17 year old employee. This 17 year old part-time employee has been on the verge of being terminated for some time due to poor work ethic, however, has only been kept on because his family knows someone high up in the company. There are witnesses to back up my husband, as my husband did not assault him and only touched him to help him off the floor where he had fallen. The 17 year olds parents have threatened to file criminal assault charges even though there is nothing to back it up. They have made such a noise about it that my husband has already been suspended for 4 days and it looks like he is going to be transferred to another division. This transfer is giong to result in a cut in pay and a worse work schedule. We are barely getting by now and have two children, one who has special needs, and one with medical issues. My husband's reputation has been tarnished and it will be some time before he will be able to move up in managment there, if he is allowed to stay in management. What are our rights? Please help.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Wrongfully Accused Facing Demotion

    What are our rights?
    With respect to the employment situation?

    Your husband has the right to take the transfer or find a new job. North Carolina, like nearly every other state, is an "at will" employment state - you can be terminated because the name of the current day ends in a Y, and you can leave for the same reason.

  3. #3
    Join Date
    Dec 2005
    Posts
    200

    Default Re: Wrongfully Accused Facing Demotion

    Your husband is going to have to appeal his employer's decision internally, through whatever means his employer provides, if any. I'm not aware of any legal rights he might have as a result of federal or state law. Have your husband check company policy, handbook, etc. to see what may be available internally.

    Is the company conducting an investigation, allowing your husband to provide his account of what happened and interviewing witnesses? If not, your husband probably should submit a statement and have the witnesses submit one. It may help.

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