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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 31698
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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At my job I supervise 20 to 25 male and female employees.

Customer Question

At my job I supervise 20 to 25 male and female employees. A female employee has made a baseless claim to the company that I inappropriately touched her in some manner. I have not done what I'm accused of. Do I have any legal recourse.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Are there any witnesses or video recordings available during the time the employee accuses you of this inappropriate conduct? Is the employee claiming sexual harassment based on the touching?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

Hello Tina,


 


As of right now, All I've been told is that a female employee has accused you of touching them inappropriately. Past that I do not have any further details. I do know the company is asking other employee's if I have inappropriately touched them. To my knowledge there are no recordings and no witnesses. I fear 2 or employee's colluding to make up something.

Expert:  Tina replied 1 year ago.
I see. Thank you for clarifying the situtation for me, Jeff.

Under these circumstances, you can either wait and see whether the employer takes any action against you or the other employees, or retain a local employment law attorney to get involved in the employer's investigation.

If it is determined that the employee's are engaging in defamation or intentionally attempting to interfere with your employment relationship, then your attorney could intervene and communicate a cease and desist to both of them, indicating a lawsuit will follow if they do not immediately retract their false statements and apologize. That can often resolve such situations where the employees do wish to avoid litigation.

Since the employer can be held liable for your actions though, they do have an interest in taking this very seriously and preventing any inappropriate touching in the workplace. Because of this, it is generally best for you to retain an attorney, but you could wait to see whether the employer takes any action against you.

If it were me, I would retain an attorney now as it usually pays to be proactive rather than wait until action is taken by the employer.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Attorney
Satisfied Customers: 31698
Experience: JD, 16 years experience & recognized by ABA for excellence in employment law.
Tina and other California Employment Law Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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