Re: Sexual Harassment

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On 6/14/07, ABK wrote:
> About a month ago a sexual harassment complaint was filed
> against me. The complaint was unfounded based on a he
> said/ she said situation. I was written up for it
> as "alleged" sexual harrassment, the other employee was
> not. I am now being accused of sexual harassment by
> various co-workers. One told me last night that she was
> called in and asked if she was sexually harassed by me,
> she said she never mentioned anything and did not feel she
> was, however she had a hunch on who reported it. She
> called up the person who initally filed a sexual
> harassment claim and that person stated that yes she was
> the one instigating the current sexual harassment claims
> on the behalf of other employees. I am now placed on
> suspension, pending the outcome of the investigation. But
> have a feeling I will be fired with out them investigating
> my side of the alleged claims. Can I do anything about
> this from a legal standpoint?

Presumably you are an at-will employee. Your employer may
let you go for any non discriminatory reason. Discharging
you because of a complaint does not give rise to a wrongful
termination claim - even if the investigation was lacking.
However, you may be able to sustain a defamation claim
against the alleged victim if you can prove the allegations
were false. In addition, a claim is probable against your
former employer if they communicate to any third party that
you "actually" committed the act. This may also apply to
unemployment benefits/fact finding communications.