Legal Question in Employment Law in California

Re: Caught in the middle of a false sexual harrassment claim!

Everybody has their own burden of proof. If you are accused of wrongdoing, consult with an attorney if you want to protect your job or take action if disciplined.

Re: Caught in the middle of a false sexual harrassment claim!

The problem you are facing is that you are most likely an "at-will" employee, which means the employer may terminate your employment, even without cause. They don't have to prove anything.

Your best course of action is to be as cooperative as possible and if there is any way to prove you did not know your co-worker made up the sexual harrassment complaint, provide that proof to the employer.

Re: Caught in the middle of a false sexual harrassment claim!

You write that the claim "turned out to be false." How do you know that -- did she retract the claim? How can they accuse you of helping to falsify the claim? What facts are they basing that on? If they are making that accusation, you should probably get it in writing. It is defamatory. Are they trying to coerce you into being a witness against her? (And, back to the original question, how do you know the claim is false? ) You should be really careful, and consult with an attorney before you act on this -- there are things you should do to document what is going on. Feel free to contact at my private email. Good luck.

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