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
