[m.martin]

I am a construction superintendent and was threatened with my job by the owners rep. in front of the architect and my assistant if I didn't build something clearly against the contract documents. Then I was accused of "Simple Assult" which was found out later to be false by our company lawyer via full investigation of all parties that were present. (Clearly a lie) Then a few days later I was told to leave the project and escorted from the site by a uniformed police officer. I asked what is the formal reason I am being removed, they said, "Simple assult" but there was no assult. In short I was falsely accused and kicked off the jobsite by an armed officer.

[smoothy]

Do you have any witnesses to back you up? You can sue for almost anything... but winning is going to require solid proof of events.

[m.martin]

Yes, My assist Supt was in the room along with the project architect and all denied his assult charge, he threatened me with my job.

[ballengerb1]

Was this a security guard or a police officer?

[Fr_Chuck]

So the person who said you did the this, went to the police and filed charges. Next can I assume you were arrested, not merely escorted off the property.

The police would only just remove you, if the property owners, construction company would have asked to have you removed.

If you were arrested then you prepare a defense in court.

So
1. were you arrested or just removed from property
2. if just removed, who asked for you to be removed

I am thinking you were just removed, so they wanted you fired, the project owners believed their rep, and wanted you off the job site. That is business.
If that was the reason stated, you can sue the owners of the business ( which of course could be the end of your career , suing a company you were constructing for)
That will be your choices.

If the company you work for, transferred you to another job, you have little loss.

******* don't answer in the comments, please post a answer to your own question , people do not normally read all the little comments

[smoothy]

Are you an "at will" employee, or covered under a collective bargaining agreement?

If you are the former... you are SOL unless you can prove a violation of the EEOC laws.

Really they can fire you for any reason they wish, unless its in retaliation for legal wrongdoing you caught them in. And, technically, someone in a position of authority not liking the way you look is technically reason enough. Or the word of a client.

[excon]

Can I sue an owners rep for falsely acussing me of assult and had me removed from the

Hello m:

Actually, the POLICE are the ones who violated your rights... They're job is to ARREST people, NOT enforce company policy. IF this cop did, he did wrong.

excon

[smoothy]

Hello m:

Actually, the POLICE are the ones who violated your rights.... They're job is to ARREST people, NOT enforce company policy. IF this cop did, he did wrong.

excon

How was the cop wrong... the owners of the jobsite wanted him escorted off their site. It happens in businesses all the time when people are fired, laid off etc.

I'm not saying the OP did anything or not because it doesn't matter... all I'm saying is he wasn't on his own property when this happened. And you don't need a court order to be told to leave and be escorted off private property by those having authority on that property.

Its really no different than if I had some individual on my front yard that wouldn't leave... and I called the cops and they escorted him off the property.

Now if he is going to sue him because they fired him for refusing to do something illegal... NOW there is a case. Its NOT illegal for his superiours telling him to do something extra for the customer, it happens all the time, daily in my job in fact... if you tell the boss to stuff it, however gracefully its worded, can and will get you in deep trouble with your employment.

I think exactly what he was asked to do... and exactly how he responded can make all the differnce in the world in this situation however.

[excon]

How was the cop wrong...the owners of the jobsite wanted him escorted off their site. It happens in businesses all the time when people are fired, laid off etc.

Hello again, smoothy:

I was a livery driver at one time. I LEASED my car for a week at a time. In the middle of my week, the owner decided he wanted his car back, and I said that I'll return it at the END of my lease... He called the cops and told them I stole his car.

They chased me down and told me they just wanted the car back and they were going to let me go... I wasn't going for that.. I told them to arrest me, or leave me alone. They arrested me. I sued them (and him) and won BIG.

Those ARE the only choices cops have. Arrest people or not. A or B. That's it. It's NOT their job to enforce company policy. Just because it's NOT their job, doesn't mean that they don't do it. They DO. Not many people, however, know they're not supposed to - except a legal expert such as myself.

excon

[Fr_Chuck]

Agree with excon here, the management would have had to ask him to leave first and if he would not, then they call the police.

[ScottGem]

Getting back to the OP's issue, You seem to have a case of defamation and possible false arrest or prosecution. Please consult an attorney who can tell you what exactly to sue for and who to sue.

P.S. Please don't use the comments feature for followups, use the Answer This Question options.

[smoothy]

Hello again, smoothy:

I was a livery driver at one time. I LEASED my car for a week at a time. In the middle of my week, the owner decided he wanted his car back, and I said that I'll return it at the END of my lease... He called the cops and told them I stole his car.

They chased me down and told me they just wanted the car back and they were gonna let me go... I wasn't going for that.. I told them to arrest me, or leave me alone. They arrested me. I sued them (and him) and won BIG.

Those ARE the only choices cops have. Arrest people or not. A or B. That's it. It's NOT their job to enforce company policy. Just because it's NOT their job, doesn't mean that they don't do it. They DO. Not many people, however, know they're not supposed to - except a legal expert such as myself.

excon

You situation was drastically different.. you had a valid lease... and obviously someone made some very false statements you were easily able to prove were false. I'm surprised he didn't get charged with filing a false report.

If he was an At Will employee... so such right exists. They don't need a reason to terminate him. Do I think that's right? Not particularly... but that's how it is. And it is that way at the less desirable employers. Better places use more discretion before they cut people. It does after all, hurt moral of the other employees.

In the eastern part of the USA Cops escort people off the premisis all the time "when there is the possiblility" of something turning nasty. I've seen it often. It has nothing to do with enforcing company policy... its escorting someone who no longer works there and thus has no right to be there OFF private property or a restricted access area. No matter WHAT the structure might eventually be... during construction its private property. Do they do it all the time... obviously not... but in certain situations.. it does happen frequently.

I think there is the strong possibility there is some more that transpired that hasn't been revealed here. Again... not pointing fingers either way or passing judgement. Just that I see something that's not exactly adding up based on what information we have been given thus far.

As far as the defamation thing... which is a valid case that you can sue for, but its going to be up to what you can prove in court. After all, you would be the party bringing suit... the burden of proof will be on you to make. If your lawyer says you have enough of that proof, go for it.