Legal Question in Sexual Harassment in Tennessee

falsely accused

Are there any laws protecting members of management that are falsely accused of sexual harassment? If not, what should a person do if they are falsely accused and there is a chance of more false accusations being made? Could the person lose their job or be sued even though they are innocent?


Asked on 7/30/04, 2:51 pm

2 Answers from Attorneys

Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: falsely accused

A person cannot sit on his rights, or a court will assume he is liable. If an employee is discharged or demoted for a bonafide reason, then the employer needs to establish a paper trail of evidence showing the employee was informed of the legitimate reason. Certainly, a person can be sued for sexual harrassment and lose his job over allegations, particularly if they come from more than one individual. What should you do? Consider a wrongful termination case against your employer -- assuming you can prove that there is no sexual harrassment.

If you need help responding to court pleadings, then please see http://riskmgmt.biz/prose.htm

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Answered on 7/30/04, 4:21 pm
James R. Becker, Jr. Becker Law Firm

Re: falsely accused

Generally, Tennessee has no "wrongful termination" law. If, as a member of management, you are falsely accused of harassment, you need to present a coherent defense to the charge. Simply littering your file with paper will not suffice.

It is possible to lose your job due to a charge of sexual harassment, but that is not the norm. Although there is no "wrongful termination" law in Tennessee, there are some tort princples that may create a cause of action depending on how the company handles the matter.

As with most cases where your employment is threatened, you need to consult with an attorney who regularly handles employment matters. If you would like to discuss this matter further, please do not hesitate to contact us at [email protected].

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Answered on 8/02/04, 12:11 pm


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