How to Defend Threats to Your Job Due to False Accusation

Building Your Case

Gather information about the accusations against you. To accurately evaluate and respond to false accusations, you need to know as much about them as possible. Information may be limited, but you should learn as many details as possible. For example, if your employer has a written report that was submitted by your accuser, ask to see it. Keep in mind that unless a regulatory agency is involved, you may not have the right to see it. Your employer may refuse to share it with you. If this happens, an appeal to reason might work. Explain that you can't respond appropriately until you know exactly what you were accused of doing, and offer that identifying details may be blacked out if your accuser wants to remain unknown. Aside from official channels, you may be able to learn more about the accusation by talking to others in your workplace. Take care not to engage in gossip or get into arguments with people in the workplace (don't "shoot the messenger").

Write down your version of events. If the accusations center around a particular incident, such as an argument with a coworker, write down an account of the incident from your perspective as soon as possible. This can help you remember as many details as possible. Ideally, you should write everything down right after the event occurs. This may be impossible if the false accusation only surfaces months after the alleged incident took place. In that case, write down as much as you can remember. Writing things down can jog your memory and help you unlock other details about the event that you wouldn't have remembered otherwise. Your written account may be helpful later on if, for example, you decide to submit a written response to the accusations to your employer.

Look for sympathetic coworkers. Just as there are two sides to every story, there typically will be coworkers on the fringes of the situation who are more sympathetic to your plight. These people can become helpful witnesses and allies for you. If someone tells you that they're "on your side," sit down with them as soon as possible and find out what they know about the situation. Ideally, you should talk to coworkers outside of the workplace so your conversation will not be overheard and you can give each other undivided attention. If meeting somewhere after work isn't possible, try to arrange to have a break together. Respect coworkers' wishes if they tell you they don't want to get involved. Some people may not want to go "on the record," or get in the middle of a dispute between two coworkers. This can be true even for coworkers who privately tell you they are on your side.

Go over company policies and employment manuals. If you've been accused of violating a company rule or policy, you have the right to look at the rule itself. Understanding specific requirements also can help you identify evidence that might support your case. If your job is on the line due to an accusation that you violated a workplace rule or policy, you need to know exactly what that rule says. If your actions are within company policies, you can be assured that the accusation is false. You may find out that your behavior actually was contrary to the stated rule or policy, but it was a rule that was never enforced. In that situation, there may be plenty of other employees who do the same thing you do. Keep in mind that this is not an excuse. If your reading of your employer's rules shows that you made an error, let your employer know as soon as possible so you can clear up the situation. For example, suppose a coworker has falsely accused you of taking too long for lunch – or so you thought, until you read the employee manual. You might say "Most people in my department take hour-long lunch breaks. I was following their lead and was unaware the actual company policy was 30-minute lunch breaks. Tell me what I can do to correct this misunderstanding."

Make copies of supporting documents. Pinpoint anything that potentially supports your version of the story and make copies to show to your employer. This could include anything from emails to time cards or work reports, depending on the subject of the accusations against you. Supporting documents can be especially helpful if an employee is falsely accusing you of discrimination or harassment. Anything you have that points to fair and equal treatment of that person can help you. For example, suppose you are a supervisor. One of the employees you supervise has falsely accused you of discriminating against her by not promoting her and instead promoting a male employee who had only been working under your supervision for a few weeks. In that situation, you might find documents showing that you had in fact nominated her for the position, but another manager chose someone else. You also may have an email from the accuser in which she stated she didn't want to be considered for any promotions because it would mean she had to work different hours. Any of this type of documentation would be helpful in defending yourself against the false accusation.

Talking to Your Employer

Remain calm, courteous, and professional. When talking to anyone representing your employer – whether it's a manager or someone in human resources – your attitude can make all the difference in how you are treated. If you get angry and start lashing out, you may end up inadvertently proving the accuser correct. At the least, you'll give your employer a poor impression of your ability to handle conflict. Try to put yourself in the shoes of the person representing your employer. They are just doing their job and trying to get to the bottom of the situation. They're not your enemy – but if you treat them like your enemy, that may be what they become. If you find it difficult to handle the situation in person, ask if you may submit a written response. Being able to write it out enables you to approach the situation more calmly, without feeling like you're being interrogated.

Establish a rapport. The more your employer relates to you as a person, the easier they'll find it to understand your side of the story. This doesn't mean you have to become the top office brown-noser. Just look for things you and the person with whom you're speaking have in common. If you and your employer have something in common, bring it up. Just be careful not to bring it up in such a way that it looks like you're trying to avoid answering a question or change the subject. Some people are all business at work, and don't care for small talk or social chit-chat. If your employer isn't open to more social discussion, drop it. However, if you are able to focus on things you and your employer have in common, it can help your defense because they will see you more as a person like them. This can be especially helpful if the false accusation is related to harassment or behavior of a more personal nature (as opposed to violation of a workplace rule).

Stick to the facts. You may be angry or indignant about the false accusations against you, and you may have some choice words to say about your accuser – but keep them to yourself. Bringing emotions into the situation or flinging back false accusations only muddies the waters. False accusations can be more common when you and a coworker don't get along personally. It can be easy to get fired up about somebody you find annoying or vile, but it's important to keep a cool head when your job is on the line. Allegations and accusations are just that – statements that have not yet been proven true or false. Your employer is trying to get down to the truth of the matter. The best way to enable your employer to discover the falsity behind the accusation against you is to point to factual evidence that establishes your innocence.

Cooperate with any investigation. Depending on the type of accusations, your employer or the human resources department may launch a full-scale investigation to determine what really happened. Cooperating fully and making yourself available can help your situation. Although the entire situation may be stressful, your full cooperation is the best way to ensure the situation is resolved quickly. If you balk or refuse to participate or answer questions, the investigation will stall. Without your participation, your employer may decide to believe the accusations are true. Your cooperation also signals to your employer that you are taking the situation – and your job – seriously. Your openness and willingness to discuss the accusations shows how much you care about maintaining a positive employment relationship.

Volunteer to participate in mediation. In some situations, especially if the false accusations are of a more personal nature, mediation can be beneficial. If you think it might help resolve your problem and protect your job, bring up the idea to your employer. In mediation, a neutral third party works with you and your accuser in a safe, private environment. The mediator facilitates discussion that hopefully will lead to a mutually acceptable resolution for all involved. Many employers already have a mediation program in place for dealing with workplace disputes. If yours does not, you might want to suggest it to your employer. Keep in mind that for mediation to work, you have to keep an open mind about the situation. Even though the accusations may be false, you have to be willing to work with your accuser. This means you may have to accept some blame so that you can move forward, even if you know that you are completely innocent. While this can be a very difficult thing to do, it could potentially save your job.

Accept the consequences. Particularly if you are classified as an at-will employee (and most employees in the United States are), you have limited rights when it comes to disciplinary sanctions at work. For example, if your employer writes you up as a result of the accusation, you're not doing yourself any favors by refusing to sign the write-up notice. In fact, courts have held that an employee refusing to sign a write-up notice is sufficient cause to fire that employee for insubordination. You may have legal options you can pursue to clear your name. However, if you truly want to keep your job it's generally best to accept any disciplinary measures taken.

Seeking Legal Help

Spot issues in your case. False accusations in the workplace can touch on a number of legal issues. Being able to identify the different types of legal claims you might have can help you find the right attorney to offer you advice. Issue-spotting is a fairly complex procedure that law students tackle extensively over three years of law school – so don't expect to become a master. However, basic issues can be spotted more easily, and point you in the direction of the type of attorney you need to consult. For example, if the false accusations relate to something that harms your reputation, you may have a defamation claim against your accuser. An accuser might file a false report against you to manipulate you into doing something for them, such as giving them a raise or a promotion. That situation involves elements of blackmail or fraud. Your accuser also may have a discriminatory motive. For example, they may have made a false accusation against you because they don't want to work with (or be supervised by) someone of your race or gender. This is an employment law issue.

Search for appropriate attorneys. Apart from asking trusted family or friends for recommendations, you also may be able to find attorneys to consult by searching online. Your state or local bar association typically will have a searchable directory on its website. Many bar associations have an attorney-referral service that will do much of that issue-spotting work for you. All you have to do is answer a few questions about your case, typically using an online form, to retrieve a list of attorneys who handle clients with problems similar to yours. Do a little research on the attorneys you find. Look at their professional websites to learn more about them and read client reviews. This can help you narrow down your list to a handful of attorneys who potentially could give you the best advice.

Schedule several initial consultations. Most attorneys offer a free initial consultation. You can use this to your advantage to get advice from a number of different lawyers without breaking the bank. This can be especially helpful if your case involves several legal issues and you're not sure which direction to take. If you are seriously contemplating pursuing legal action, and want to hire an attorney for that purpose, you should interview at least three. However, if you're just looking for some general advice on what to do and haven't made up your mind yet what to do, feel free to talk to as many or as few attorneys as you feel is necessary to make an informed decision. When you schedule the consultation, ask if there's any information about your case that the attorney needs before the consultation. Some attorneys have a basic information form they expect all potential new clients to complete. Do your best to get any information about your case to the attorneys as soon as possible – at least several days before the consultations are scheduled. This gives the attorneys plenty of time to familiarize themselves with your situation.

Ask lots of questions. Often, attorneys treat free initial consultations as little more than an opportunity to market and sell their services. However, if you come armed with plenty of specific questions, you can get the information you need. If you're planning on hiring an attorney, ask questions about their work and communication style. These consultations will be more focused on finding an attorney with whom you'll have a positive and productive working relationship. The consultation has a different focus if you're still trying to sort out what to do. Ask specific questions about your case as well as whether the attorney believes a lawsuit would be worth pursuing. Contrary to popular belief, most attorneys aren't sue-happy people who are itching to take any and every case that might come their way. If an attorney believes you don't have a case, they'll tell you. Likewise, if an attorney believes you have a case, but it's not a strong one or not one that would be worth the time and expense of a lawsuit, they'll tell you that too.

Evaluate your options. After you've finished talking to several attorneys, you have a big decision to make regarding whether you want to file a lawsuit or take other legal action against your accuser. You may decide that you want to sue your accuser, or your employer, or both. Get in touch with the attorney you felt was the best fit for you as soon as possible so you can determine your next steps. On the other hand, if you've decided filing a lawsuit would be too much effort and you'd rather just move on with your life, call the attorneys you met and thank them for their time. Keep in mind that attorneys are experts. If one (or several) attorneys have told you that a lawsuit is not worth pursuing, you're probably better off dropping the issue. Focus on your work and repairing any damage that has been done to your reputation as a result of the false accusation.