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Employee Right - False Imprisonment

False imprisonment arises in situations where an employer detains an employee for questioning regarding alleged workplace misconduct (theft, fraud, harassment, or other criminal activity). False imprisonment is defined by statute as "the unlawful detention of a person by another for any length of time, whereby he/she is deprived of his/her personal liberty." Express or implied threat of force, by which the other person is deprived of liberty, constitutes an imprisonment.

Employees can complain of false imprisonment when they have been detained against their will or consent and without the authority of law. If the alleged detention was performed with the authority of law, then no false imprisonment occurred. The individual claiming false imprisonment does not need to be physically restrained. A "mental confinement" is sufficient for a valid false imprisonment claim as well. For example, threats of confinement or force, or failure to release, constitute false imprisonment. (Protest false imprisonment letter is available.).

False imprisonment claims are generally brought together with other wrongful conduct; for example: sexual harassment, discharge, discrimination, etc. Only in serious situations can these claims can be brought alone

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