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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41220
Experience:  I provide employment and discrimination law advice in my own practice.
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I am being investigated behavior, however

Customer Question

I am being investigated for inappropriate behavior, however the person that filed the charge was inappropriate. Where does that leave me in this scenario?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your post. Please permit me to assist you with your concerns. If I may ask, did you file a complaint against that person also?
Customer: replied 1 year ago.
It was mentioned in the investigation
Expert:  Dimitry K., Esq. replied 1 year ago.
Okay, that is generally a positive step if the employer is aware of other concerns. Is the employer discounting that information?
Customer: replied 1 year ago.
No it is in consideration as well
Expert:  Dimitry K., Esq. replied 1 year ago.
In that situation all you have to do is wait for the employer to make the decision. But keep in mind that the employer is not the courts, and they do not have to grant you 'due process', nor do you have a basis under which to appeal their decision--the decision, either way, is up to them, which they can uphold or set aside. But the only thing to do now, legally, is to wait. Sincerely, ***** *****
Customer: replied 1 year ago.
I have been employed with this company for 14+ years and have never had any complaints
Expert:  Dimitry K., Esq. replied 1 year ago.
I understand. However from a legal perspective you have only the rights granted to you based on your employee handbook, and if you are contractual, based on the contractual terms. If you are 'at-will', the employer has the right to terminate at any time and without cause. As far as investigations or review, even if you have been there for a very long time, it does not grant you any specific additional rights unless those rights are so granted to you under the handbook. Sincerely, ***** *****
Customer: replied 1 year ago.
What about implied consent?
Expert:  Dimitry K., Esq. replied 1 year ago.
I am sorry, what about it? Without knowing the facts I cannot answer your question. Also, implied consent is generally not related to work. For example, if your employer bars employees from having relationships and this is that type of a situation, although the relationship may not violate the law (as there is consent to the action), it would still violate the terms of employment. But this is just an example, since I do not know all of the details I cannot answer your question with any degree of accuracy. Sincerely, ***** *****
Customer: replied 1 year ago.
This employee rubbed herself on me and I tickled the back of her thigh
Expert:  Dimitry K., Esq. replied 1 year ago.
And this happened during work hours and on company property?
Customer: replied 1 year ago.
Her breasts specifically, yes during work hours on property
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi, Then that is generally unacceptable, even if there was consent--that type of behavior should not take place on company property. Her consent does not make it better, since neither of you should have engaged in such behavior. The behavior is not criminal in nature unless the other person is now claiming that you acted without consent and based on force, but it can still violate your company's standards. I cannot guess what the employer may do, but he can potentially discipline or terminate either or both of you for the actions, or demand that either or both of you attend classes pertaining to sexual harassment and sensitivity courses. Sincerely, ***** *****
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi, Then that is generally unacceptable, even if there was consent--that type of behavior should not take place on company property. Her consent does not make it better, since neither of you should have engaged in such behavior. The behavior is not criminal in nature unless the other person is now claiming that you acted without consent and based on force, but it can still violate your company's standards. I cannot guess what the employer may do, but he can potentially discipline or terminate either or both of you for the actions, or demand that either or both of you attend classes pertaining to sexual harassment and sensitivity courses. Sincerely, ***** *****
Customer: replied 1 year ago.
Ok thank you
Expert:  Dimitry K., Esq. replied 1 year ago.
You are most welcome. Please let me know if I can ever assist you again. Otherwise, if satisfied with my assistance, kindly do not forget to positively rate. Thank you!Sincerely, ***** *****