If the acts complained of, whether true or false, occurred within the scope of your employment by an employer, then your defense is to move for dismissal on grounds that your employer is vicariously liable for your alleged actions and you are not a proper party -- or, failing that, to sue your employer for contribution and indemnity as part of the same action. See, Burlington Industries, Inc. v. Ellerth, 118 S.Ct. 2257 (June 26, 1998).
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No you got it backwards. I am not seeking dismissal, as the company is not pursuing me in court, thats the funny part. I lost my job due to someone who was going to be fired like me and a number of other people due to an upcoming layoff. Since she is using documentation by another person, she would be ineligible for UI benefits. The story would not match in the UI system. Her SSN number she used would show as fraudulent.
I understand I can attempt to go after my former employer for slander, liable, etc, but I am on disability and make very little money. The Employer has deep pockets and no attorney is willing to help me as I am now on Disability. I filed with the UALD to say what I said, and they agreed. I was not involved and there is no proof. So I still have to prove sexual harrassment by a CONVERGYS woman H.R. person, which she used the inflamatory wording in an email to coworkers. I want comphensation for being fired without cause, which the UALD upholds to be true.
So the case is mired in the UALD, I am doing this pro se. I need a decision that says "if someone makes an wrongful accusation on TITLE VII grounds and the company not only supports her position in an investigation inside the company and uses it as an active defense" I need a law so I can make my case, or the Judge will dismiss it. The lawyers are saying there proved to be no sexual harrassment on my part, so the case should be dismissed. This is after I could not obtain employment, and going through the UALD for a year. They could get off scott-free. I hope I am making myself clear.
Maybe I have it all wrong, but my understanding of your circumstance is that an employee has complained to the EEOC (or the Utah Division of Labor) against you based on discrimination in employment, but not complained against your mutual employer.
Your response is that you were employed by the employer, and whatever actions complained of by the employee-complainant, is inappropriately brought against you, because you were acting within the scope of your employment, and therefore your employer is vicariously liable for any finding of employment discrimination.
Therefore, the UALD should order your employer joined to defend the complaint.
My previous answer, containing relevant case law for vicarious liability in employment discrimination remains valid.
I realize that you have few financial resources, however you really MUST obtain legal representing to help you properly plead your response, or you may be held liable for the discrimination, and your only recourse will be to attempt to have the entire hearing set aside by a court. And, I can see possible reasons why that set aside may not be granted.
If the employer is already part of the case, then your response is simply that at the time the alleged "traumatization" took place, you were an employee, and under applicable case law precedent, the employer must be held vicariously liable for any acts of discrimination allegedly committed by you within the scope of your employment. Therefore, you should be dismissed as a party, or, the court should find and conclude that the employer is obligated to indemnify you for any and all liability to the complainant.
That said, you could still be held personally liable, if the acts alledgedly done by you were NOT within the scope of your employment. So, you must be prepared to show how each and every allegation against you, even if proven true, was done reasonably within the scope of your employment.
Of course, you don't want to admit to any act -- you want the complainant to have to prove the act occurred -- before, you are forced to show that it was within the scope of your employment.
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