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Question

I have been accused of Sexual Harrassment. I was terminated by my former employer because of it. I am now being sued by them for the Unemployment Wages I receieved. Aprox 3 1/2 weeks. Here's what happened. I recently had Breast Agmintation, while I was working at this 'Sun Tan' store, the Corporate Trainer asked about my surgery. (mind, I had no idea anyone even knew) She wanted to know all about it. Pain, healing time, scaring, etc. She then asked to see them. I felt no threat so I complied. 2 other ladies wanted to see as well. The 'viewing' lasted about 30 seconds. I found out later, after termination and by the Labor Board, that the person who filed the claim against me was an EX-employee, who had quit a month before this even happened. He stated that I was 'showing my boobs to everyone in the place'. When I was terminated, the HR investigator did not tell me 'who made the complaint or why'. I have a hearing next week on this. Where do I stand?

Submitted: 443 days and 19 hours ago.
Category: Employment Law
Value: $15
Status: CLOSED
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Louisville, Kentucky

Already Tried:
I have documented EVERYTHING. Remember: I was originally awarded Unemployment Benifits. 3 1/2 weeks. The investigator from the Dept. of Labor in KY agreed with my case.

Posted by INFOLAWYER 443 days and 19 hours ago.

Answer

you cant create new facts.   looking back the decision to do what you did might not have been wise, but as you were asked to do so you can present it as consensual, but if the complainant was someone who didnt ask for theviewing and felt harassed by it, it will be a hard case to defend.

443 days and 19 hours ago.

Reply

The person who complained, was NOT present and NO longer employed. He walked out a month PRIOR to this. Plus, he lives with a Stripper...and always talked about her body..

Posted by INFOLAWYER 443 days and 19 hours ago.

Answer

in that case you can claim there was no sexual harassment in your defense based on those facts. how can one be harassed who was not even there. its clearly a witchhunt, i would argue, by an agrieved former employee eith a vendetta.    

Edited by NYCLAWYER on 9/5/2008 at 3:42 PM

443 days and 18 hours ago.

Reply

Can I use your statement at my hearing?

Accepted Answer

you can use my words but keep in mind that my comments are informational. i am not your attorney.

please accept my answer so that i get credit.

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Expert: INFOLAWYER
Pos. Feedback: 95.4 %
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Answered: 9/5/2008

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