Legal Question in Sexual Harassment in Idaho

How did it get to this point?

I was asked by my employer to take a week off, due to an apparent accusation of sexual harassment. After my week off I then returned to work but was asked by the owners son to remain on leave until the legalities were discussed. I feel as if I am defending myself against a GHOST. No written complaint was given to me. No explanation or reasons. How do I start to defend myself? There is no employee handbook or company policy, what can I do? Is this proper practice?


Asked on 9/22/04, 1:14 pm

1 Answer from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: How did it get to this point?

Hmmm...

You definitely need to retain an attorney in your locality, immediately, as you are facing a sexual harassment complaint and loss of your job.

Now, you didn't provide any details, but a lot would depend on whether you in fact are guilty of sexual harassment, or is the allegation false, or perhaps the situation is a bit more murky?

Obviously, if you committed illegal acts such as sexual harassment on the job, your employer would be within its rights to terminate your employment. If you did not, and the employer terminated you on the basis of a false accusation, the situation is more complicated. You would have a potential cause of action for defamation against the wrongful accuser. You might or might not have a cause of action against your employer, depending upon the degree of due diligence they used in investigating and responding to the allegations. Your attorney will provide you with more information.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 9/23/04, 12:21 am


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