Legal Question in Sexual Harassment in Tennessee

Re: How is sexual harassment proven?

Tennessee, like all the other states, is an "at will" employment state -- meaning employees are hired and fired at will, with or without cause. The only way to "get even" with a former employer is to find a new job that pays just as much or even better. This is the standard advice I give to people contemplating an employment lawsuit: vote with your feet and find new employment.

However, based on the facts you describe, you clearly have a sexual harrassment claim. It is highly unusual for two businessmen to go on business travel and share the same room. Most hotels in Oak Ridge will not allow two adults to share the same room unless they are related (or claim to be related at registration). Therefore, the fact that you let another business associate / boss share your room, rather than insisting on separate rooms will raise a question about whether you were aware that sexual contact might occur.

On your facts, you might be able to overcome that suspicion, but it will cost you thousands in legal fees -- unless you decide to bring suit pro se without a lawyer. You can anticipate your boss will testify under oath to a completely different set of facts: that you encouraged him to come to your bed, etc.

Reinstatement in your old job would not be wise, because of the tension between you and your boss. Therefore, the only award possible is backpay, and the courts generally are reluctant to step into the mind of a business owner and determine you actually would have performed valuable services.

My advice is to get a new job and provide yourself with financial stability -- even if it means accepting a job with lower pay. Once you have a new job and have time to reflect, you can decide if you want to sue your former employer for purposes of establishing a record that he engaged in sexual harrassment or whether you want to drop the matter.

If you do pursue the matter, then please feel free to contact me directly.

Mike Guth