QUESTION

How can I protect myself in this situation?

Asked on Jun 11th, 2018 on Libel, Slander and Defamation - New York
More details to this question:
I have been wrongfully accused of misconduct with a client which has placed me on a leave of absence from my job. I did not commit any act I was accused of and there was no documentation nor notice of this situation being addressed with me prior. This also comes about the same time as this client was going to be involuntarily discharged from the facility. I need help to protect myself and my license as well as what to do in this situation.
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1 ANSWER

Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
Much more information is needed in order to answer your question. What's not clear is what type of job/profession you have, type of facility you work in, the accusations against you, whether there was an investigation/inquiry, whether the client was actually discharged involuntarily or is still in the facility, whether you are on a paid or unpaid leave of absence, and the length of your leave of absence.  If you are on an extended unpaid leave of absence and you can prove the client lied, you may have an action for slander against the client.  The statute of limitations is one year from the time of the slander, so keep that in mind. Depending on where you are employed, there should be procedures in place for investigating the conduct of which you were accused, and your employer is responsible for following those procedures and conducting an investigation. If the procedures were not followed and that results in loss of salary, and you can prove that had the procedures been followed you would have been exonerated, you may also have an action for money damages against your employer. 
Answered on Jun 13th, 2018 at 9:55 AM

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