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Robert McEwen, Esq.
Robert McEwen, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 15743
Experience:  Licensed Texas General Practice Attorney
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Scott, My boss the CFO of our company informed me Monday that

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Scott, My boss the CFO of our company informed me Monday that he was considering a complaint made by one of the ladies at the office to be a sexual harassment claim. This is the lady I corresponded with you several days ago. He told me what she had said, Talked to her once in her office with the door closed, (she keeps her door closed 100% of the time). She said I had asked her for a hug. Several years (?), well a long time, ago there was a situation where we did hug for a brief second and I can't remember why, but I believe other people were present when this happened. Never gave that a second thought. I belong to a ballroom dance group and we meet weekly and greet each other with a hug, so this was nothing to me. She never did she say don't do that or never do that again etc. I feel like she is stretching to find situations to complain about. He says she told him I said something about her "tits and ass" which is a bold face lie. He, the CFO, said she was not filing a sexual harassment claim but after listening to her (over cocktails) he was filing it as a sexual harassment claim. He said normally, the attorneys at the office would do an investigation but he told them , based on our long term relationship he would handle it through through a phone call. The CFO has gone out for coctails with this lady on numerous occasions and he has given her money to help her with a divorce she was getting. I believe this may have been contrived between the two of them, or at least as a method to cover his but. This lady takes a lot of medication and is very unpredictable. Knowing this I have tried as much as possible to stay away from her. I called the CFO Monday evening after realizing what had just happened and I was very up set. So now he may decide to have the attorneys do a full investigation. Should I get an attorney. I have been married to a beautiful wife for 43 years and she is everything to me. I don't want to see her hurt.

RobertMcEwenEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

RobertMcEwenEsq :

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?

RobertMcEwenEsq :

Also, can you tell me when these alleged harassing events took place?

Customer:

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.

Customer:

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.

RobertMcEwenEsq :

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).

RobertMcEwenEsq :

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.

RobertMcEwenEsq :

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.

RobertMcEwenEsq :

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.

Customer:

How long will I be able to view our conversations online?

RobertMcEwenEsq :

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.

Customer:

Thank you for your help.

RobertMcEwenEsq :

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!

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