Please guide

[Chilling]

Husband works in upper management found out his broker was supposed to be at place of business full time. Has only been there 3 times in 14 months.Broker caught wind of and made false allegations using comments from disgruntled employees against my husband. Gave resignation letter and allegations to husbands boss and HR. Husbands boss said not to worry. First allegation comes from a woman yelling sexual harrassment. (not the touchy feely kind) But more like she overheard my husband say something. Later find out she is asking other employees if they like him and has also screamed it before and got someone fired. She has not sold in over 2 weeks and is also getting ready to loose her job.Second comes from a man my husband fired and a another man my husband layed off (should of been fired due to performance). They are claiming my husband took bribes from fellow employees to give them the good clients, said my husband uses drugs, and that he condones lying to customers. All this was alleged by the former broker. The next day my husbands boss says hes writing my husband up on performance for the month before and there are right ways of crossing i's and dotting t's if you want rid of someone. My husband says like your doing now? And has a long conversation with him. Boss leaves without writing him up. Questions: 1.
We live in small town and the position my husband has are very few. Can we sue for defamation of character against former broker making allegations as fact and keeping from being hired elsewhere in the future?2. Does husband whistleblow to real estate comm. about former broker to keep job? 3. The allegations has stressed husband out to where he cant perform and manage the way he should, what he looses job over performance? $. Does HR have to give him copy of allegations? I guess what rights does he have and what route would be best to persue?

 

[cbg]

Can we sue for defamation of character against former broker making allegations as fact and keeping from being hired elsewhere in the future?

You can't sue for what might happen. If at some time in future he can prove that he has suffered damages (say, being turned down for a job) and that there is a direct connection to false statements made by the broker and that the broker knew or should have known they were false, THEN he can sue, but not now.

2. Does husband whistleblow to real estate comm. about former broker to keep job?

You haven't indicated what whistle he could blow. But the whistleblowing laws don't protect him from any kind of termination, only for the actual blowing of the whistle (and not even always that). It wouldn't save him from a termination that has already been determined before he "blew".


3. The allegations has stressed husband out to where he cant perform and manage the way he should, what he looses job over performance?

Then he applies for unemployment and looks for another job.


$. Does HR have to give him copy of allegations?

No.

I guess what rights does he have and what route would be best to persue?

He has the right (and it would be to his benefit that he do so) to cooperate with any investigation the employer does. He can always consult with an attorney but it's really too soon to be considering legal action - for all he knows the employer's investigation will clear him.