Legal Question in Employment Law in California
Sexual Harassment
I have been accused of sexual harassment. As of this point I have not been told who I allegedly harassed, when it was, where it was, or even what exactly I did. My question is what are my rights? What if this was an incedent that only happened once? I am assuming that this must be in that realm at this point as I have never been accused ''ever'' before and even in this case If I did harass someone no one ever told me that I did. I. E. no one said hey you thats innapropriate, or hey thats not welcome or any other variation of providing me any indication that I did anything offensive. I have read some of your basic FAQ's all of which are last dated 1999 is their anything updated from that? is or has the stipulation changed since then? is there a california code that I could read that governs that? I am very scared that I have been wrongly accused but I don't even know what I did.
2 Answers from Attorneys
Re: Sexual Harassment
In most private employment, employees do not have due process rights, which means you have no right to know the charges against you, confront your accuser or even have the right to defend yourself.
Employers are required, by statute, to immediately investigate any claim of sexual harassment, and they must taken prompt, effective steps to prevent it from continuing, when brought to their attention.
Obviously, this puts you in a tenuous position. All you can do is wait until you are asked for your side of the story, if at all. Be fully cooperative and truthful. Do not ask ofther employees what they were asked or interfere with the investigation in any way.
Eventually, you may learn what you were accused of. It may be a misunderstanding and lead to nothing more than a warning. If it is more serious, you may want to consult with an attorney to discuss your options.
Re: Sexual Harassment
Unless the company advises you that they found the charges to be completely false and unfounded, you have a 'record' now. Under those circumstances, I generally advise clients that it is time to find new employment, before you get fired. If you are at any level of supervision or management, I also suggest you hire counsel to work out an agreement with the company that will insure there is no 'blackballing' later. Feel free to contact if interested in doing so.
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