Login|Contact Us
Question and Answer

Legal

Ask a Lawyer, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

I just got put on suspension for possible workplace sexual

 
Anne's Avatar
  • Answered by:Anne
  • Lawyer
  • Positive Feedback: 100.0 %
  • Accepted Answers: 834
Verified Expert
in Legal

Recent Feedback

Positive
good lawyer
Positive
VERY COMPLETE AND DETAILED...HELPFUL ANSWER.
Positive
Thank you!!!
Positive
Anne was the best
Positive
What doesn't make sense is the other supervisors downgrade and humiliate...
Positive
Great...to the point and helpful
Positive
Phenominally AWESOME. Unbelievably NICE, CARING, PATIENT, PRODUCTIVE. Anne_C,...
Positive
Many thanks.
Positive
answer was quick and informative
Positive
Awesome responses. You went right to it and saved me hours of research. Highly...

Customer Question

I just got put on suspension for possible workplace sexual harassment.I work in the automotive/retail Industry in which it is 98% males..and men all make jokes and lude conduct to each other..and I felt as though I hade to be a part of it in order to be accepted and to keep my job.So it started when co workers didn't like the fact that I did my job and played by the rules and as it turns out came up with the idea of making claims about me sexually harassing a female coworker by saying the I asked her for oral sex and I had told everyone that I wanted it from her,all of which isn't true.Well HR interviewed thea few people (the ones that hate me)and all there stories matched.So after my interview with HR they decided to put me on suspension pending termination after the investigation,when they said they will interview more people and come up with a decision.Well as it turns out all I know as of now is that they interviewed only one more person..the female co worker (who by the way hates my guts as well).Now I get a call about meeting with them tomarrow about the conclusion of the investigation.Well my question is if I get terminated will I get arrested and face charges and if so what are my possible results of me getting arrested and facing charges (jail,fines,etc).if show what are my legal options in Chester county,Pennsylvania

 

Optional Information:
State/Country relating to Question: Pennsylvania

Submitted: 727 days and 23 hours ago.
Category: Legal
Value: $18
Status: CLOSED
Picture
Expert:  Anne replied 727 days and 23 hours ago.

Good Evening -

This is probably going to come as a surprise to you, but if you did not do what your co-workers are alleging, what you have described is sexual Harassment - but you are the victim.

Here's a discussion of Pennsylvania law that may help you explore your options:


Pennsylvania is an employment-at-will state. That means that any employer can take an
adverse action, including termination, against an employee at any time for any
reason that is not against the law or discriminatory.



An adverse employment decision that is against the law would
be, for example, terminating an employee in retaliation because the employee
filed an OSHA complaint.





A discriminatory reason would be one based on race, color,
religion, sex, national origin, Disability, genetic information, pregnancy or
age. Here is an Equal Employment
Opportunity Commission publication explaining illegal discrimination: http://www.eeoc.gov/facts/qanda.html. Here is information specific to
Pennsylvania: http://www.phrc.state.pa.us/





An employer does not have to treat all employees the same,
as long as the reason for treating employees differently is not against the law
or discriminatory.





There are exceptions to employment-at will. Those are:





1.
An employment contract.





2.
An employment manual that states employment is
not at will, or that certain procedures must be followed to terminate an
employee.





3.
A union agreement.





4.
In Pennsylvania, an employee may not be
terminated for reasons in violation of Pennsylvania's public policy.





5.
There may be additional exceptions that apply to
public employees, such as police officers and employees of government agencies.





A "hostile work environment" is related to the issue of
discrimination and retaliation. A "hostile work environment" arises when an
employee is harassed in the workplace because they are in a protected class, or
in retaliation for filing a complaint.
A prime example of a hostile work environment
is in the movie North Country, where
a woman working in a mine was subjected to sexual taunts and assaults because
she was a woman. (A "hostile work
environment" does not happen just because a workplace is awful to work in, or
an employer is unreasonable, arbitrary or capricious - the bad treatment has to
happen because of discrimination or retaliation.)





If the adverse employment action was discriminatory, here is
a link to the EEOC website for more information: http://www.eeoc.gov/. Here is information on filing a complaint in
Pennsylvania: http://sites.state.pa.us/PA_Exec/PHRC/offices/regional_map.html



You must file a
complaint within six months of the discrimination!





If the adverse employment action might have been
retaliatory, contact the agency where the Complaint was filed and ask for
assistance.





If the adverse employment action was wrongful but not
discriminatory, a government agency cannot help, but an attorney may be able to
help. http://www.findlaw.com/
is a good resource. If the adverse
employment action violated a Union agreement, you need to work with your Union
representative first.

*****

Comment: Merely talking about sex may be grounds for being fired, but it isn't grounds for criminal charges.

Good luck with this!

Customer replied 727 days and 23 hours ago.

Even "if" in HR's interview with her said agreed and said that I have said those things and they believe her.What will happen to me ( do you think they will ask her if she wants to press charges or do you think the employer will on her behalf) and if so what is the least and worst case scenario's.

Accepted Answer

Picture
Expert:  Anne replied 727 days and 23 hours ago.

Good Evening -

Even if your HR department believes every word she said, I don't see a crime. However, you could be fired.

Expert TypeLawyer
Category: Legal
Pos. Feedback: 100.0 %
Accepts: 834
Answered: 4/13/2011

Experience: Trial Lawyer, 15 Years Experience

Ask this Expert a Question >
 
Tweet

8 Lawyers are Online Right Now

Ask Your Question Now
Legal Questions Date Submitted
what is the SOL on a lawyer fees? 3/28/2013
What are my liabilities as "Responsible Person" for a new corporation? Also, 3/28/2013
Hello, I am being sued in a limited Civil Case in California. 3/28/2013
Question in 2 parts: My company paid for my travel from Denver, 3/28/2013
if i filed an order of protection against my ex and i contact 3/28/2013
My mother died in testate on Feb 20th with instructions that 3/28/2013
My wife died 8 years ago and I forgot to close her savings 3/28/2013
is it legal in the state of michigan to marry people over 3/28/2013
[How to] Collateral Attack on Void Judgment It is my understanding 3/28/2013
I recently transferred Orthodontics offices. When I initially 3/28/2013
RSS
Next 10 >
Ask A Lawyer
Type Your Legal Question Here...
characters left:

Top Legal Experts

See More Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Legal

  • Quit Claim Deed Related Questions
  • Warranty Deed Questions
  • Zoning Law Questions
  • Credit Report Questions
  • Automatic Stay Questions
  • Gender Discrimination Questions
  • Insanity Defense Questions
  • Arson Questions
  • Bait and Switch Questions
  • Mortgage Fraud Questions
All Legal Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
95 Lawyers are Online Now
Type Your Legal Question Here...
characters left:

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).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2013 JustAnswer LLC