Intellectual Property Law
Ask an Intellectual Property Lawyer. Get an Answer ASAP.
Thank you for using JustAnswer. I am researching your issue and will respond shortly.
I'm sorry to hear about your situation. I recall that in our previous conversation, you didn't tell me your role with your company... Can you tell me what your position is?
Also, can you tell me when these alleged harassing events took place?
I work with operations on accounting issues. Old title used to be director of operational accounting. My duties have changed considerably since October 2012 when I had open heart surgery, quadruple bypass.
She started back with the company some time in 2009 or 2010. She was with our company until 2001 when a merger moved our head quarter to Snyder Texas. The hug was over a year ago, maybe two. The sitting down in her office was about 3 months ago.
Thank you. While she could go after you for "assault and battery" (battery is simply an unwanted touching), she probably wouldn't because she couldn't show any damages. That is, she would need to show damages to be able to recover in court if she were to sue you. Her sexual harassment claim would be against the company, for failing to do something about this. Now she has 2 years to bring a sexual harassment claim against the employer. If you were to get an attorney, it would basically be for defamation (her lies against you), but that would be in the event that you suffer an adverse employment decision (i.e. are demoted or terminated because of her defamatory statements).
As this point in time, I don't think that you need a lawyer, but you should do everything that you can to document everything.
If you can remember witnesses to the events in question, as well as times, dates, etc... through any means necessary, as well as any witnesses that would be willing to testify that you're absolutely not the person that would conduct himself in this manner, etc... that would likewise be a good thing to document.
Again, if she has a claim against anyone (aside from the "assault and battery" case, which would be a nonstarter because of the lack of damages) it would be the employer, and it would need to be the employer that would need to have an attorney represent its interests.
How long will I be able to view our conversations online?
Not sure, but I know that they stay online for quite a while (multiple months, and I think that you can access your questions at any time, regardless of how long ago you asked it). You can click on the "My Questions" link to see.
Thank you for your help.
My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).