Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

I got demoted because of sexual harassment case against me.

I was never questioned or...
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.
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 hour by:
6/18/2012
TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4,430
Experience: Contracts, Wrongful termination and discrimination
Verified
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
TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4,430
Experience: Contracts, Wrongful termination and discrimination
Verified
TexLaw and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 5 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.
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
Ask Your Own Employment Law Question
Customer reply replied 5 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
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.

TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4,430
Experience: Contracts, Wrongful termination and discrimination
Verified
TexLaw and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask TexLaw Your Own Question
TexLaw
TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4,430
4,430 Satisfied Customers
Experience: Contracts, Wrongful termination and discrimination

TexLaw 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
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have filed a complaint with EEOC under Age discrimination
I have filed a complaint with EEOC under Age discrimination and harassment. Had to resign from job at State agency 2 weeks after receiving PIP due to continuous harassment for more than a year, have w… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I have a question about unemployment benefits and EEOC
i have a question about unemployment benefits and EEOC procedures … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 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
7,173 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
3,547 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
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Our employee handbook states that lip, nose or eyebrow rings
Our employee handbook states that lip, nose or eyebrow rings are not allowed in the workplace. We have our employees sign off on this. One employee decided to push the issue with wearing a nose ring. … read more
lucy7368
lucy7368
Juris Doctor
763 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
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
After having filed an EEOC discrimination complaint at
After having filed an EEOC discrimination complaint at Texxxxxxxxx xxxxxxx xxxxxx - one of the retaliations that occurred was a witnessed verbal assault by the supervisor, during a "review" meeting of… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 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
30,899 satisfied customers
Can a 1099 be asked to sign an employee handbook? Not a
Im in Texas the company is in California. Work at Will … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,003 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
17,323 satisfied customers
I am considering filing an EEOC claim of discrimination and
I am considering filing an EEOC claim of discrimination and retaliation. My employer was going to terminate me, but said I could resign instead. I had about 30 seconds to decide. I wrote a resignation… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,003 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
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I went to the EEOC for age discrimination. They in turn made
I went to the EEOC for age discrimination. They in turn made me sign an AOF retracting it for 90 days severance. I felt I was forced to resign … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I work at a grocery store and it's cold we have a dress code
I work at a grocery store and it's cold we have a dress code short sleeve tee shirt but the air conditioning make it cold so when my arms are not covered I free with I need to wear a sweater or small … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,669 satisfied customers
I received retaliation from eeoc because i reported one of
i received retaliation from eeoc because i reported one of their employee who did not process my hearing requested. when i received the acknowledge order is was signed by legal tech and not by ALJ .wh… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 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