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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118175
Experience:  20+ Years of Employment Law Experience
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Employment law question

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Employment law question
Submitted: 2 years ago.
Category: Employment Law
Customer: replied 2 years ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 2 years ago.
I have a few questions about employment law, I would prefer to speak over the phone rather than on email, if possible.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question.
I apologize but live phone calls, unlike in other sections on JustAnswer.com, can be deemed practice of law which is forbidden by state laws as we do not and cannot represent you in any legal matter.
I would be happy to continue with you in this forum if you would like to use reply. Thank you for understanding.
Customer: replied 2 years ago.
Ok my question is about employment law and sexual harassment in CA
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
Please tell us your situation and specific question for us?
Customer: replied 2 years ago.
I would like to not have this posted. Just private answers only. I dated a male employee at work over 2 years ago. I was his manager. It ended after a few months and we remained great co-workers over a year after. He was later disciplined by higher management for a mistake made at work (not related to me) and he insisted I must be behind it and quit stating I was relaliating on him. He then got a lawyer and is suing the company saying i sexually harrased him and made him enter into the relationship with me. Can he win a case like this? What could I do to protect myself or sue him for defamation of character?
Customer: replied 2 years ago.
Can I get fired for having relations with an employee 2-3 years ago? He was also involved with numerous other women on the job too.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
The statute of limitations for claims of sexual harassment or retaliation is 180 days from the date of the incident. If it was ongoing harassment, the statute of limitations is 1 year, but nothing more than that. So if you stopped dating and had a good working relationship and this did not happen for over 1 year from your last relationship, he has no complaint as the statute of limitations would bar the complaint.
Customer: replied 2 years ago.
how could he still be suing then? The fling lasted from dec 2012 to march 2013. We continued a great work relationship after and he resigned in sept 2014. His lawyer is accusing me of sexual harrasment and mis-abuse of power and that I forced him into the relationship and he went along with it becuase he was fearful of his job. All not true. What can come of this? If I quit, could he or my company sue me directly. It has caused great distress on my part for his claims against me. Could i sue for defamation of character?
Customer: replied 2 years ago.
hes citing hostile work environment, misabuse of my power, sexual harrasment. Obviously it is not true, it was a mutual relationship and he remained employed there for long after a year after it ended with no issues. When he was disciplined for a mistake at work in sept 2014, he then quit and hired a lawyer. What do you advise, what consequences could come of this etc?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
Until all of that comes out in court and you prove that there was no relationship for over 1 year and that the statute of limitations for any claims against you has passed, the case goes on.
You cannot sue for defamation I am afraid. You would have the ability to sue once the case is over for malicious prosecution only if you prove in the main case that his statements were knowingly false and that the claims were willfully and maliciously false.
Your employer has to defend you here. I suggest you explain what happened to the lawyer for your employer and provide him with all of your proof that you have that there had been no relationship and that you have not had anything to do with management decisions and let them fight this.
Most of these cases are dismissed in favor of the employer typically at summary judgment once all of the evidence and depositions are taken, so you will have to ride that out.
Customer: replied 2 years ago.
If i quit, what would happen? Could my company or this former employee sue me directly? And with the stat of lim, since the relationship ended and he quit over a year after the fling, he would most likely not win this case correct?
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your reply.

If you quit, you still have to cooperate in the investigation and suit. There is no reason to quit, it is not likely he will win anyhow.

Customer: replied 2 years ago.
understood. I would consider quitting because its causing me great stress. Last question, if i did quit could he or my company sue me for money for all of this? you have eased my mind with your answers. from what I hear, his case has been in litigation for 7 months now.
Customer: replied 2 years ago.
I had to admit to my actions to upper mgmt and I am beyond humiliated. I am also worried that will fire me over this. Is that possible?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
I would not quit, no matter what. If you did quit, you could not be personally sued. You should not be humiliated, you had a normal relationship and you did nothing wrong. You had nothing to do with this.
Customer: replied 2 years ago.
He was also involved with 5 other women in the company, but i was the only one who was his boss. I signed a statement a year ago with HR that I did not date him (i was too embarrassed to admit it) but I fessed up a few days ago and told HR that I really did have a relationship with him. I am thinking they will call in those women too for their statements even though some no longer work there
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
That is something that could be a problem for lying about having a relationship, but they cannot prove you had anything to do with the termination, so really you should be fine and stop stressing over this.
Customer: replied 2 years ago.
lol :) thank you. This truly is my last question as I dont want to take up all your time on a Sunday...what are the chances I could be fired from all of this? I said to HR on Sept 2014 we talked outside of work but i did not date him. on 8/5/15, my boss called me asking for the truth since we are being sued and I told her I did date him and that I was just too embarrased to tell HR a year ago. Very worried I could lose my job
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
The employer could potentially terminate you for lying to them about the relationship, since you are supposed to be truthful with the employer when they ask. However, if they have not terminated you yet, chances are they will not terminate you based on this.