by banys » Sat Apr 02, 2011 1:11 pm
"They said the tape shows...." Did they ever show you that tape? If not, it's hearsay. Hearsay doesn't stand up in court.
Get a labor lawyer. He'll probably subpoena your company for that tape. YOu already have physical, not hearsay, proof you didn't text on company time - your phone co. records. Nice!
If your company cannot, or refuses to produce that tape, shame on them, because you could sue them on Defamation of Character/Slander, False Accusation charges. They'd also have to prove that whoever's on that tape is you - and not someone they asked to pretend it's you texting, in order to cover their a--. Plus the date on that so-called tape better jive with the date they accuse you of texting.
If this goes to court, Defense attorney (their attorney) will try to tear you down, making you look as though you texted. Keep your composure, don't get angry, or upset. You know you didn't text. Stick to that attitude.
'm not a lawyer; but I've seen enough in courtrooms.
Good luck