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I live in california and am being accused of sexual harassment.

Customer Question
She is alledging it took...
I live in california and am being accused of sexual harassment. She is alledging it took place in my company car which i also use for personal use. i pay taxes on the car ect. If it allegedly took palce in the company car, after hours, can she sue the Company i work for,,, please help
Submitted: 8 years ago.Category: Legal
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Answered in 5 minutes by:
6/9/2010
Lawyer: Tina, Lawyer replied 8 years ago
Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33,167
Experience: JD, BBA Over 25 years legal and business experience.
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Tina :

Thank you for contacting JA.

Tina :

Are you the owner of the company? Are there a minimum of 15 employees?

Customer:

no i am not the owner and we have 38000 employees

Tina :

I am working on your question now.

Customer:

thank you, XXXXX XXXXX a meeting with my Corp. legal dept at 10 tomorrow am, we always pay out these kind of claims and seldom protect the people that are being charged, my understanding was if it didnt take place at work she could sue or file civil or criminal, not sue the company, is that correct also,,

Tina :

If the employee was your subordinate and she alleges quid pro quo (sexual advances in return for favorable employment), it will likely turn into a he said/she said proposal. The upside of this is that she has the burden to prove her case and likely cannot based on the facts provided here. In addition, there would be no personal liability, but only potential liability for the company.

If the superviser indicated that her job was contingency on a quid pro quo basis, it does not matter whether the alleged harassment took place at work of not.

Customer:

i am not her direct supervisor and cant help her in anyway, she is alledging that i groped her in the front of my car after hours in a parking lot. It is he said, she said but my company is worried about the possibility of a law suit. there are not any witnesses to my understanding and she does have a motive, so if it is not quid pro quo and toook place in my car, is the Company protected?

Tina :

What is her motive?

Customer:

Her ex husband was fired 3 weeks ago for harassment, he was a direct report to me

Tina :

It is a constitutional right to seek redress of grievances through the court system. However, based on the information you have provided, the employer is very likely to prevail IF a suit is filed. There is no way to prevent someone from filing a suit though. The employee does not appear to have any proof of her claim and it would fail for that reason.

Customer:

What can i do? What are my rights? can i legally ask to see her statements ect... what protection do i have under the law

Customer:

only HR

Tina :

Then all you can do is state your side of the facts. Unless you are willing to file a suit for defamation or interference with business relations, you do not have a right to demand documents except that you can request a copy and inspection of your personnel file. If you file a lawsuit, then you could demand documents through a request for documents or subpoena.

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