Legal Question in Employment Law in New Jersey

Who is liable if someone accuses me of sexual harrassment on the job and my employer doesn't find evidence of my guilt and closes the case. There is now a civil suit filed against myself and the employer. Is the employers insurance liable for the incident or can they sue me personally.


Asked on 3/14/11, 8:06 am

1 Answer from Attorneys

Barry Gartenberg Barry F. Gartenberg LLC

Thank you for your LawGuru question. Generally, there is no individual liability for sexual harassment. But there are exceptions and possible related claims. Whether or not the insurer will cover depends on the language of the insurance policy. The fact that your employer did not find evidence of discrimination or declined to believe the employee's accusations is not evidence of the "absence" of harassment. If you have an attorney representing you in the matter, your questions should be directed to the attorney. If you don't have an attorney, I suggest that you contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

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Answered on 3/14/11, 3:20 pm


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