Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I am being falsely accused of sexual harassment at work. I

Customer Question
I am being falsely accused...
I am being falsely accused of sexual harassment at work. I feel like I am being slandered for no reason, with no proof. I have been put on suspension without pay pending an internal investigation. The human resources team that is investigating the accusation is comprised entirely of women. I was just wondering what my legal recourse here is? What rights do i have? I am allowed to view the written statements of my accusers? If they terminate me based on these false allegations, do I have a right to sue? Thanks for your feedback.
Submitted: 6 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 13 minutes by:
8/3/2011
Employment Lawyer: JBaxLaw, Employment Lawyer replied 6 years ago
JBaxLaw
JBaxLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 11,396
Experience: Government and private sector employment law experience
Verified
Hello,

I am an expert at JustAnswer and will be assisting you. I would like to address a few important issues before answering your question.

Please remember that I receive no credit for assisting you unless you accept my response. You cannot accept when I make an inquiry, rather you can only do so after you have received an answer. I answer questions based on the amount offered and rely on customers to follow through and "accept." Please remember that this is a chat or a dialogue so please reply to me if you have any questions regarding the information I provide.

Please note, nothing herein is intended as legal advice, no legal advice is being provided, no attorney-client relationship will be established and only general information is provided so that you may analyze your situation.

ANSWER:

The first issue to consider in employment situations is the employment relationship. I will assume you are an "at will" employee as that is the most likely situation. In at will employment an employer is free to terminate an employee for no reason at all or almost any reason.

If sexual harassment is reported to an employer and the employer fails to take action, the employer may face legal liability. Sexual harassment is a form of discrimination not permitted by law.

It is sometimes possible for a falsely accused sexual harasser to raise their own claim of gender discrimination or even sexual harassment. That is a fact dependent matter. For example, if the employer is using the claim as a guise to terminate the only employee in a work unit then gender discrimination may be occurring. Alternatively, another example occurs if a false sexual harassment complaint in retaliation for refusal of advances. The accused may consider their own complaint in such a situation. These situations are relatively rare, but still provide insight and help assess why a false complaint may have been filed.

Generally, when an at will employee is terminated there is no legal recourse. It is only when a termination can be shown to be wrongful that the situation gives rise to fruitful civil recourse. This could be where the accused is actually the victim of discrimination of some protected type, for example.

When a false statement of fact is communicated to a third party, the damaged person may consider a civil action based on defamation. Such an action targets the party making the false statement and not an employer where the employer is the third party. It is possible to seek recourse against a false accuser, but the party taking such action would have the burden of proof.

There is no general right to a statement made by an accuser in at will employment. However, you may consider requesting access to your employment file. If the document you seek is contained within the file this may result in obtaining a copy.

Thank you
Ask Your Own Employment Law Question
Customer reply replied 6 years ago
Thanks for the feedback. You said:
When a false statement of fact is communicated to a third party, the damaged person may consider a civil action based on defamation. Such an action targets the party making the false statement and not an employer where the employer is the third party. It is possible to seek recourse against a false accuser, but the party taking such action would have the burden of proof.
As far as proving false statements have been made, what steps would I take to do that. If I have no legal right to view the accuser's statements, how would I go about proving that I was defamed?
Finally, I have written my statement in response to the allegations that have been made against me. Should I go ahead a e-mail it in to the human resources department? Should I let a lawyer review my statement?
Employment Lawyer: JBaxLaw, Employment Lawyer replied 6 years ago
Evidence may be obtained via the discovery process after filing suit. During discovery a plaintiff can force a defendant or other parties to produce such documents.

I assume your response is a denial. Typically, such a response should address each accusation in a clear manner. If there are multiple accusations, sometimes numbering the responses to match particular accusations is useful. Responses should include any supporting information or evidence. For example, a witness statement. Any opportunity to rebut such an accusation should generally be utilized. Most employees handle rebuttal statements on their own due to the cost of an attorney, but if you are able to obtain representation it would be wise to have your rebuttal reviewed.

Thank you
JBaxLaw
JBaxLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 11,396
Experience: Government and private sector employment law experience
Verified
JBaxLaw and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask JBaxLaw Your Own Question
JBaxLaw
JBaxLaw
JBaxLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 11,396
11,396 Satisfied Customers
Experience: Government and private sector employment law experience

JBaxLaw is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
CIVIL - EEOC - Discrimination, Retaliation, Wrongful
CIVIL - EEOC - Discrimination, Retaliation, Wrongful Termination... How to WRITE/WORD the petition to the court for:One of the retaliations = Suspension without warning of the use of vacation time Jul… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I filed a discrimination/ retaliation claim; race; age claim
I filed a discrimination/ retaliation claim; race; age claim against my former employer with the NY State Division Of Human Rights. i received the respondents answers to my complaint. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,149 satisfied customers
I feel I was terminated from my job due to retaliation from
Hello, my name is ***** ***** I feel I was terminated from my job due to retaliation from bringing forth my job concerns to the HR department. I was following the hospitals chain of command by speakin… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I am being retaliated against with a company for turning
I am being retaliated against with a company for turning their recruiter in for sexual harassment and they withdrew their offer even though I have fulfilled my end of the offer. What can be done? … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,185 satisfied customers
Within the 300 days there is a LIST of RETALIATIONS, letters
within the 300 days there is a LIST of RETALIATIONS, letters that show the bogus HR process... I have all this in order BY DATE.... should I include all that info in the COMPLAINT or let the TAMU moro… read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
7,529 satisfied customers
I will skip the entire story of discrimination, retaliation,
I will skip the entire story of discrimination, retaliation, and coercion by both my University Human Resources Department and my own Union Director (who did not read the fine print and refused to dis… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
Age discrimination. terminated for my age. false reason for
age discrimination. terminated for my age. false reason for termination. … read more
Loren Stone
Loren Stone
481 satisfied customers
If there were many items of retaliation within the 300 days
If there were many items of retaliation within the 300 days - do I list everything by DATE of occurrence or ...? I guess, give Me an idea of exactly what the LAW views as "retaliation"?… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
I am the victim of retaliation in my job and have been
I am the victim of retaliation in my job and have been demoted in title, but not in pay. HR claims that it is not a demotion because my pay has remained the same. … read more
LegalGems
LegalGems
Juris Doctorate
10,686 satisfied customers
Is there a wrongful termination or discrimination case if an
Is there a wrongful termination or discrimination case if an employee gets laid off after taking a 2 week medical leave for surgery for breast cancer? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
987 satisfied customers
In a US District Court complaint are thier any retaliation
In a US District Court complaint are thier any retaliation laws or acts that could be used In a retaliation lawsuit against a state that would overcome a claim of state soveirgn immunity by that state… read more
Ray
Ray
Lawyer
Doctoral Degree
30,854 satisfied customers
I believe I was wrongfully terminated in retaliation for
I believe I was wrongfully terminated in retaliation for raising questions about gender pay inequity and bias treatment towards me as a female, should I go to the EEOC or find my own attorney? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,298 satisfied customers
Wrongful termination due to disability discrimination.
Wrongful termination due to disability discrimination. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,689 satisfied customers
In a wrongful termination in retaliation complaint, all I
In a wrongful termination in retaliation complaint, all I have to do is show facts that show all elements of wrongful termination, correct? Thanks.… read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
7,529 satisfied customers
I have questions about retaliation in the workplace and what
I have questions about retaliation in the workplace and what are the legal options someone is afforded? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
987 satisfied customers
I have been harassed,discriminated and retaliated for years.
I have been harassed,discriminated and retaliated for years. I am a public school teacher 65 years old with an ADA letter of accommodations. My principal violates the ADA law, the union contract she h… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I was terminated due to retaliation, although it was
I was terminated due to retaliation, although it was disguised as a reduction in force due to lack of funds. I am experiencing extreme stress, and I am taking anxiety medication and have sought therap… read more
Ray
Ray
Lawyer
Doctoral Degree
30,854 satisfied customers
Harassment and retaliation lead to termination. Continuing
Harassment and retaliation lead to termination. Continuing Slander to prevent me from getting other employment. … read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x