Since the US generally has at will employment and doesn't require identifying the reasons—much less the evidence supporting them—for terminations, you would never be able to point to an example if it existed.
(Also, since the claims of the alleged victim or anyone else are evidence, it would never happen; there's always some evidence.)
Just about everywhere in the US, people can be fired without any reason at all. It is up to someone who is fired to show that they were fired for a reason that is illegal.
There's plenty of evidence in this case, just possibly not enough to pass the threshold for a successful criminal prosecution. People get fired all the time for doing things that aren't illegal, and where there is strong but non-conclusive evidence of wrongdoing. For example, if I consistently take time off for being "sick", I'll eventually be fired, even though the company obviously won't be able to prove beyond a reasonable doubt that I wasn't sick on the relevant days.
Well, in the case of firing people, generally there is no legal requirement in the US to provide a reason. I know this story isn't about the US though. It can actually hurt you to do so if it can be construed to be an illegal reason (discrimination).
Employment is generally at-will. Employers can and do fire for a broad range of reasons, including suspicion without evidence.
9 times out of 10, in case of improprieties, a person is fired, and no further action is taken. In most cases, there is no upside to prosecution, and a lot of potential downside. In every legal case I've been involved with, there were deep improprieties, such as fabrication of evidence. If you're right, that's no guarantee of winning a case, and in most cases, both sides come out scarred and tarnished.
The legal system is random, and a high risk for everyone.
Even is the accusation isn't credible enough to hold up in court, it might make sense for a company to dismiss an employee (although not always, it depends on the accusations), particularly in at-will employment. Employment is not a court case.
A US court of law will find it hard to agree that she was fired.
In the UK and probably the EU there is a type of illegal firing where the employee is effectively forced to resign. Often due to toxicity, bullying etc. If anything this has more weight in this case but I'm not sure it works in the US
Constructive dismissal (could it be called I can't recall)
If you are speaking on experience, yours is much different than the person I was speaking of.
I've heard of plenty of cases of legal action taken because someone was fired. I've never heard of a single case of someone taking legal action because they were not hired. I'm not saying it doesn't happen, I just have never heard of a single case.
And personally (and I'm sure the same is true for the relative I was speaking of), I would be never be afraid of frivolous lawsuits from someone who did not get hired (again, because I've never heard of anyone ever filing one). So in my view the point is still irrelevant. However knowing about multiple cases of people bringing legal action due to being fired, I'd still argue that it isn't as easy as people think it is.
And no, I'm not referring to the employer doing any of those stupid things you listed, though some of them were cases where the employer was accused of doing something illegal in firing, but it was unfounded.
I'm talking about relatively small companies for which the hassle of having to deal with these things is expensive - in time lost and hassle dealing with it, if nothing else.
Firing someone isn't asking a court to do something. Companies can fire you for all sorts of silly reasons and most of them aren't illegal. The employee is accusing the company of firing them for one of the illegal reasons.
Yes, but it is a sliding scale. Firing someone after organizing a strike would suggest sufficient prima facie to pursue the case in court. A claim without the appearance of supporting evidence would be thrown out.
I understand many places in the USA you can be legally fired for no reason and with no notice. That is surely harmful to the development of a sense of trust and loyalty towards one's employer.
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