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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15652
Experience:  Employment/Labor Law Litigation
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The relationship I have with another employee has always been

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The relationship I have with another employee has always been less than professional. We have both always made lewd comments and sexual innuendos in the last year and a half we have worked together. She recently filed a complaint of sexual harassment here at work. I dont deny that my behavior was wrong or in poor taste but wasn't hers as well? What can my employer do to me as a result?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 11 months ago.
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

I will agree that her behavior may have been as well, but the employer is not legally obligated to take that into consideration. They certainly can choose to take that into consideration, but that's a choice for the employer to make.

The employer would legally be justified in punishing you both, punishing neither or in choosing to solely punishing you. This is because the laws concerning termination or discipline do not actually require an employer to treat every person the same. It's usually in their best interests to, but it is not a legal requirement. The employer can treat people differently, provided that the basis for that differing treatment is not race, religion, gender, age, disability or FMLA use. In this situation though, that's difficult to prove. The employer could simply state that they believed her more than you (if you were interviewed).

Legally speaking, the employer could terminate your employment without any issues. Where they'd have more trouble is trying to block your unemployment if they only fired you and not her. If they fired you both, the employer could legally block both of your unemployment, or at least they'd have a much better chance than if they only terminate you. If they only terminated you, then you could argue the fact that she made similar comments and was not fired, and that would help in your chances of getting unemployment.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15652
Experience: Employment/Labor Law Litigation
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