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suspeded pending investigation Arizona

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  • suspeded pending investigation Arizona

    I am the manager of a lube shop where iv e been employed for 2 1/2 years. 2 days ago I was handed 3 write ups and told I was suspended pending investigation. The only write up that concerns me is the one for "sexual harassment" - something I am completely innocent of. They were unable to give me any details as to who it was tha made this complaint or what was said, only that it was a former employee and a present employee. I later found out that the "former" employee was contacted by my employer, trying to get some "dirt" on me. Is this legal? Can I be fired for allegations of sexual harrasment witout any proof? Can I file for unemployment if I do get fired for this?

  • #2
    Yes, yes, and maybe. Your employer is not a court of law and is not required to have proof before he can take action. Whether you will or will not be able to collect UI will depend on factors we do not have and cannot assess from here.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      You don't have to wait until you're fired to apply for UI. If they are not letting you come to work, and you are not getting paid, you can and should file for UI right now.

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      • #4
        Good point....you should always apply if you're not getting paid. Most states have a one week waiting period that you will not get paid for anyway and the sooner you get that over with, the better.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          They were unable to give me any details as to who it was tha made this complaint or what was said, only that it was a former employee and a present employee. I realize the lack of specifics is frustrating but it's to your benefit not to know who made the complaint at this point. If you don't know who complained, you can't be accused of retalating against the complainers or attempting to interfere in the investigation.

          I later found out that the "former" employee was contacted by my employer, trying to get some "dirt" on me. Is this legal? Yes. If your employer had reason to believe a former employee might have been harassed by you or have information regarding the allegation, then they need to contact that person and inquire.

          Can I be fired for allegations of sexual harrasment witout any proof? Can I file for unemployment if I do get fired for this?

          Yes and yes.

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          • #6
            Az. does have a one week waiting period for UI - as cbg noted most states do.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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