California  |  Sexual Harassment

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2/04/09, 1:32 pm

Legal Question


Wrongful claim of sexual harassment after dismissal

We are a small company in California who hires independent contractors. Two independent contractors (husband and wife team) were fired for stealing. After they were let go, they hired an attorney and claimed that the wife was harassed by another indep contractor for 4 years and she was fired for having complained about it. This never took place and we have proof that she and her husband stole and have 3 other written statements from previous employees (women) that such allegations never took place. We have spent 2-1/2 years in the legal system and enough is enough. Can we counter sue for this frivolous lawsuit? Their contracts state all matters need to be arbitrated through our local board and that board dismissed the case due to untimeliness (well over the 180 days to file). The courts say that the case cannot be dismissed because of the time factor. Here we go again. We are trying to force the local board to hear the case but they seem unwilling because of the term ''sexual harassment'' even though we have proof that it never took place. Any suggestions?


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