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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3926
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I got demoted because of sexual harassment case against me.

Resolved Question:

I got demoted because of sexual harassment case against me. I was never questioned or asked about the issue & one day my boss & HR said they did an investation and found me guilt of the charge. I asked them what they where talking about & if it was a joke. They said no & that they had demoted me to protect me instead of firing me. I asked them who & when this happen they didn't give me much details other then they found it to be true! What can I do about this or do I have to expect it knowing there's no true to it.
Submitted: 2 years ago.
Category: Legal
Expert:  Zachary replied 2 years ago.
The central question that really needs to be answered is whether there is any truth to the allegations of sexual harassment that are being made against you.

If so, then your employer is in the right.

If the allegations are unfounded and untrue, then you may be the victim of discrimination based upon sex. In this case, you would need to file an appeal with your employer by following the procedures provided in your employee hand book. If there is no hand book, then you need to talk to the human resources department and state that you are filing a claim for discrimination and that you want to be reinstated. If there is no human resources department, or the appeal is denied, you then go to the local EEOC office and file a complaint there for the discrimination. The EEOC claim can allow you to get reinstated to your previous position, and can also grant you back pay if your pay is reduced because of the demotion.

Please let me know if you need clarification.

Best Regards,
Zachary D. Norris
Zachary, Attorney
Category: Legal
Satisfied Customers: 3926
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 6 other Legal Specialists are ready to help you
Customer: replied 2 years ago.
The only information they have is from the witness that still works for us. They never questioned me on the matter. My boss with HR present said they don't know if I pointed or touch them but they found out it was true by the witness. I asked them why I was never questioned & they both said they would not fire me but move me to another dept so it doesn't happen again.

I have full authority to tell a famle employee to go home & cover up if they do not meet dress code policy. What can I do at this point so I don't get this branded on me. I am upset about the situation & how it was handled without my point of view in this matter.
Expert:  Zachary replied 2 years ago.
Again, if your employer is claiming that you sexually harassed a female employee and it is not true, you have a few options:

1. Go through the Employer's complaint process and state your concerns and request a full investigation along with removal of the false information from your file.

2. File an EEOC claim against you Employer because a false claim of sexual harassment, especially without any investigation, and resulting demotion, is illegal discrimination based on your gender.

3. You could also threaten to sue the falsely reporting employee for defamation because they told a third person a false statement that negatively reflects upon you and harmed your reputation.

Please let me know if you need clarification or elaboration on any of these points.

Best Regards,
Zachary D. Norris
Customer: replied 2 years ago.
I talked to my boss today & asked for a copy of the investation reports. He said he would get with HR to see what he could release. He also stated if I want to continue drilling at it it may not be good for me. I said I will drill for oil because this is false claims against me & I will not stand down. He said if it turns out they where wrong it would go back to normal & I said the moment the case was solved without my input it was already in the wrong. He said he would look into it & let me. How do I make a statement without getting fired that this needs to be a prorioty on everyone's list to do, yesterday
Expert:  Zachary replied 2 years ago.
Your question is less about the legal system than it is about your company's internal politics.

The only way to be able to lodge a complaint like this and not be fired is to file an EEOC claim. However, this would like escalate the situation much further than you want to go at this time.

I think you are on the right track. You need to get your company's employee handbook. There is surely a section on sexual harassment and investigations. Check to see what steps were skipped, and contact HR about it. You may feel some hesitation because your boss doesn't want you going around him. I would sit down with him and say that you are trying to respect his position, but that what happened was the result of a lie and misrepresentations from these girls and that you have been wrongfully demoted without a proper investigation. Since he can't fix it, you have no other choice but to go over his head.

At the same time send a letter to the HR department expressing your concern about the improper demotion and stating that you believe you have been discriminated against based on gender. If the company has received a complaint of gender discrimination, it would be improper retaliation for them to fire you because of it.

Zachary, Attorney
Category: Legal
Satisfied Customers: 3926
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 6 other Legal Specialists are ready to help you

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