Legal Question in Sexual Harassment in California

accused of SH already been punished, can I still be fired?

My husband let a married Asian lady borrow his sweater, but when he gave it to her he hugged her with it. Her husband got mad that my hubby hugged her and now she says its SH, that it was unwelcomed and he fondled her for 5 mins. So the company suspended him for a day and let him come back to work because he had whitnesses stating that he didnot do anything but hug her for a few secs.He came back w/ a first and final notice.The next day the suspended him because supposedly he talked about it to another co-worker, and all he said was that he was afraid of loosing his job. So they re-wrote is first and final notice to say that they wanted total confidentiality. So he went back top work, now over the weekend he got a call telling him not to come to wk again. Could the be trying to get rid of him even though there are whitnesses in his favor?? Is this ok for a company to do?


Asked on 7/05/04, 2:37 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: accused of SH already been punished, can I still be fired?

"Could the[y] be trying to get rid of him"

They already have, what do you think the 'do not return' notice was for?

If he hires counsel, they may be able to convince the company to reverse this decision and clear up the record, but no guarantee. He could take or threaten legal action to do that, or try for a settlement or severance package. Contact me if interested in doing so.

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Answered on 7/12/04, 5:44 pm


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