Re: Alleged harasser disciplinary action

Most companies of any size have policies on sexual harrassment. They may have breached a duty of confidentiality to you, and you are entitled to know more about your accuser and any investigation. If they were to terminate you just on this, you would probably have an action for wrongful termination.

Tell them that you insist on a more complete explanation of what supposedly took place, because you want an understanding of what you were not supposed to do, and a chance to defend yourself.

Finally, advise them to establish a sexual harrasment policy, or they may end up on the wrong end of a lawsuit by someone like you or one who has been harrassed.

Any questions, call my office at 925-924-0100

Re: Alleged harasser disciplinary action

The law allows your employer a great deal of leeway in this area. It is surprising that the company does not have a harassment policy -- that, in and of itself is a violation of law and might (emphasize might) be to your advantage.

However, in conducting investigations of this kind the employer can be wrong, as long as he is acting in good faith. What this means is, that you could be fired, your firing could be improper, but if the employer did it in the good faith belief that he was acting properly, you are out of luck.

You best defense is to ask for explicit, written directions on what you did 'wrong' and how to avoid such conduct in the future. The complainant has a right of privacy and the company is probably correct in not revealing her name.