Legal Question in Sexual Harassment in New York

Accused of Sexually Harassing

I am a manager at a fast food chain. Me and my crew were having some routine every day conversation and some 17 year old girls were participating in our conversation. This conversation included sexual questions. I.e. have you ever been with a girl, have you ever had multiple partners at the same time etc... Somehow her mother found out and is now threatening to press charges against me. I was suspended from my job without pay. She claims that I had phyisical contact with her, which I did not. Once or twice on a casual basis the girl her self came up to me and gave me a hug and a kiss on the cheek, and she reversed it by saying I touched her. Is there a case? Can she press charges against me? What are my options?


Asked on 5/10/05, 4:16 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Accused of Sexually Harassing

This is an age old problem in cases involving sexual innuendo... "he said she said."

You will need to make certain that you are not prosecuted for statutory rape first of all.

I would consult a criminal attorney about that immediately if the police or DA become involved.

If it blows over, however, you do have a lawsuit against her mother-how good depends on what happened and the evidence. You are really in the wrong category here although, eventually this might turn out with you being the victim of stereotyping. It isn't enough for a sexual harassment suit though. Actually, because she has accused you of a crime it is more on the order of defamation. You lost your job as a result. If she intentionally got you fired, then there is another cause of action called "tortious interference with contract" that fits the bill.

However, first, make sure there are no actual criminal charges.

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Answered on 5/11/05, 2:54 pm


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