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If I am falsely a cussed of harassment, can I get a

Customer Question
If I am falsely...

If I am falsely a cussed of sexual harassment, can I get a restraining order against my co worker

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Arizona

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Should I bring a lawyer or my husband to the investigation review

Submitted: 10 months ago.Category: Employment Law
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Answered in 5 minutes by:
9/27/2017
Employment Lawyer: legalgems, Lawyer replied 10 months ago
legalgems
legalgems, Lawyer
Category: Employment Law
Satisfied Customers: 13,957
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Employment Lawyer: legalgems, Lawyer replied 10 months ago

Was the accusation made to HR, to the police department, to obtain a protective order?

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Customer reply replied 10 months ago
I still have not received a response
Employment Lawyer: legalgems, Lawyer replied 10 months ago

If you could respond to my query I will be able to get the requested information.

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Customer reply replied 10 months ago
Did I respond correctly?
Employment Lawyer: legalgems, Lawyer replied 10 months ago

Here is the question:

Was the accusation made to HR, to the police department, to obtain a protective order?

That will help me get you the needed information. Thanks!

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Customer reply replied 10 months ago
HR
Employment Lawyer: legalgems, Lawyer replied 10 months ago

Thank you - a few minutes please.

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Employment Lawyer: legalgems, Lawyer replied 10 months ago

There is really no point to bring a spouse to an HR investigation; they will often limit such meetings to employees and their legal representatives. If false allegations are being made it is best to have an attorney to ensure that the employee does not accidentally incriminate oneself; the lawyer will also be able to question HR to verify that there is adequate evidence and if not to register the dispute.

Yes, a person can get a restraining order if a person is harassing/stalking -but not for making reports to HR. That is because the court will not order a restraining order that may have a "chilling effect" on a person's ability to claim a personal violation in the future (it would essentially bar the restrained party from having any access to dispute resolutions if the party is later harassed).

If the party alleging harassment brings a protective order, legal representation is imperative because:

1. that can be discovered on a back ground check as it is public record

2. any violation can result in criminal charges so it is best to avoid the entry of such an order.

Questions?

Post here please

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kindly rate positively!

all information is legal

information only and

does not constitute

specific legal advice

or a particular course

of action. Thank you.

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Customer reply replied 10 months ago
What does register the dispute mean?
Employment Lawyer: legalgems, Lawyer replied 10 months ago

So it is on company records that there is a dispute as to the adequacy of evidence so that if the employee is discharged and wishes to bring a wrongful termination charge, there is documentation of the investigation.

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Employment Lawyer: legalgems, Lawyer replied 10 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

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