Legal Question in Business Law in Virginia

employement law

I live in VA and a friend's employer accused her of improper handling of narcotics , she is a RN , the employer told her the issue was dropped since the investigation showed everything was accounted for. if this exact same issue is brought up again with no new grounds does she have any recourse? Is this harassment or defamation of character?


Asked on 2/16/09, 2:59 pm

3 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: employement law

Yes, since the accusation apparently directly involves the RN's fitness for her job, it's possible that a similar repeat accusation without sufficent grounds could create civil liability on the part of the accuser for defamation per se, depending upon whether and how publication of the matter may have occurred with respect to others.

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Answered on 2/16/09, 4:07 pm
Jonathon Moseley Moseley & Associates Law Firm

Re: employement law

An employer has a right and a need to INVESTIGATE to find out what happened.

If there are questions, they would be wrong not to investigate.

So she should be prepared to defend herself against any false charges.

But she should not confuse an investigation with an allegation. (Nor should she allow anyone else to say that an investigation is a finding that there was anything wrong.)

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Answered on 2/20/09, 5:46 pm
Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: employement law

Yes, she may have a case here.

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Answered on 2/17/09, 7:20 am


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