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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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When fired harassment does the employer have to

Customer Question

when fired for sexual harassment does the employer have to tell you who made the complaint and can the person accused see that person
Submitted: 2 years ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
No, an employer is generally under no legal obligation to disclose the source of a complaint for sexual harassment. The accused can certain attempt to arrange a meeting with the accuser after they have been terminated, but they have no legal "right" to confront them and the accuser can simply decline to meet. They can even obtain a restraining order if they feel you are harassing them about meeting.
Now, this changes a bit if you are sued for sexual harassment. If you are sued, you have a legal right to conduct "discovery" so that you can defend yourself in court. In the discovery process, you would be able to subpoena your employers records about the complaint. You will also be able to ask questions under oath of your accuser, so in that sense you do have a right to "see" them. But these rights only exist if you are sued and they only exist within the context of the litigation. Otherwise, you cannot force your accuser to meet with you or force your employer to give you their records or any more information about the complaint they received.
I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
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