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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20400
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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My husband was put on unpaid leave for harassment. He said

Customer Question

My husband was put on unpaid leave for sexual harassment. He said he has never been inappropriate or spoke inappropriate to this co-worker. The HR is doing an investigation. It is going on week three now with no answer to the investigation
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Ohio
JA: Has anything been filed or reported?
Customer: The co-worker reported it to the HR of the company
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 3 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 3 months ago.

Hello,

Thank you for the information, can you tell me what your legal question is? Also, is your husband in a union and has he contacted HR recently to ask about the status of his employment situation?

Customer: replied 3 months ago.
no union. HR keeps saying it is still under investigation. What can we do because he was wrongly accused so this women can't continue doing this? What further actions can be taken on either side?
Customer: replied 3 months ago.
He quit. He has found employment elsewhere
Expert:  Marsha411JD replied 3 months ago.

Thank you for your reply. First, if he was an employee "at will" his employer could take an adverse employment action for any, or no, reason and with no notice or warning. Therefore, even if the complaint was unfounded, nothing in the employer's action would be considered unlawful. That assumes they didn't violate a contract that he had with them. So, he would not have any basis for an action against the employer at this time.

If the employer were to share this complaint information with a prospective employer and your husband knows that it was a false statement of fact by the person who made the statement and that the person knew it was false when they made it then, at that time he might have a defamation of character action against the employer. Again though, the information must be objectively a false statement of fact, known to be false, and shared by the employer with someone outside of their Company.

As for the person who made the statement, as I touched on above, if they made a false statement of fact that they knew was false when they made it, they made be liable for a defamation of character action. Your husband could consult with a local trial/litigation attorney about the case.

Please feel free to ask for clarification if needed. If none is needed, then if you could let me know that I covered your question and also leave a positive rating in the ratings box on this page of my efforts to discuss the law of the situation with you, then the Site will give me credit for assisting you today. Thank you

Customer: replied 3 months ago.
ok response
Expert:  Marsha411JD replied 3 months ago.

Did you have a follow up question for me?

Expert:  Marsha411JD replied 3 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 13th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.