Wrongly accused of Sexual Harrassment

[gerente2000]

A disgruntled subordinate made claims of sexual harassment against me. Human Resources has investigated and found her claims to be frivolous. What are my rights as a manager who has been slandered? I know that there are retaliation laws, but could this employee be fired for making such claims? I am angry, let alone humiliated from all of this. There seems to be plenty of laws to protect those who make claims of harassment, but where are the laws to protect those who are falsely accused?

Gerente

 

[Beth3]

What are my rights as a manager who has been slandered? Be pleased that the investigation proved that the claims were groundless.

I know that there are retaliation laws, but could this employee be fired for making such claims? Yes, but your company would be on massively shakey legal ground as the employee in question will immediately file a claim with the government for wrongful termination - retaliation for making a SH complaint.

I am angry, let alone humiliated from all of this. There seems to be plenty of laws to protect those who make claims of harassment, but where are the laws to protect those who are falsely accused? I don't blame you one bit for being angry. The difficulty here is proving that the claim made against you was knowingly false - that is, the employee deliberately made up the complaint to cause you problems. That is quite a different thing than the investigation concluding that the claim was frivolous. In the absence of a "smoking gun" (e.g. your employer has a copy of an email she sent in which she stated she was going to make up a SH complaint) it's virtually impossible to prove that the employee made it all up, as opposed to her being mistaken, misinterpreting your actions, being a wack-job, etc.

Sorry about all that. I don't blame you for wanting her gone but terminating her employment or even disciplining her without positive proof puts your employer in great legal jeopardy. Even defending a groundless claim for retalation is massively expensive.

 

[gerente2000]

I don't blame you one bit for being angry. The difficulty here is proving that the claim made against you was knowingly false - that is, the employee deliberately made up the complaint to cause you problems. That is quite a different thing than the investigation concluding that the claim was frivolous. In the absence of a "smoking gun" (e.g. your employer has a copy of an email she sent in which she stated she was going to make up a SH complaint) it's virtually impossible to prove that the employee made it all up, as opposed to her being mistaken, misinterpreting your actions, being a wack-job, etc.

Sorry about all that. I don't blame you for wanting her gone but terminating her employment or even disciplining her without positive proof puts your employer in great legal jeopardy. Even defending a groundless claim for retalation is massively expensive.

thanks alot! makes sense.

 

[Beth3]

You're very welcome.

Just be cautious around this employee. She's probably going to try something else next. At the first sign of any difficulties with her or her job performance, make a bee-line to HR and keep them advised. I wouldn't be surprised if they want her gone as much as you do and will want to be fully in the loop and create the necessary documentation to support that any future termination had nothing to do with the SH complaint. Good luck.

 

[eerelations]

Please provide your evidence that shows the OP is lying.

 

[Zigner]

BTW, any retaliation is against the law after a complaint has been made against an employer.

Please be more specific and post a cite to the applicable (to THIS thread) law.

 

[cbg]

And NO ONE in the entire history of the world has ever filed a false complaint to get back at someone for a perceived slight, or because they believed it would protect them from being fired for other, justified reasons. Uh-huh.

 

[mlane58]

While I can sympathize with your claims, that is if they are actually true I can guarentee that almost every single time that somebody files a complaint it is because they have had enough of the harassment no matter what form it comes in. IMO, I seriously doubt that she is making this up. JMO but there is usually some type of continueing harassment directed at this person to cause the action of complaint. Nobody is just going to make a complaint.

Thats a load of crap! I have conducted hundreds of investigations on harassment and better than 50% are bogus. People love to make up claims because they usually have gotten themselves backed into a corner because their performance is down or their behavior is getting them into trouble.

All of us automatically accept harassment because we need our jobs especially in the current economic enviroment. It takes a lot of harassment to cause anybody to risk their job by filing a complaint.

Another load! So now you are speaking for all of us?

Please excuse me for not believing your claims at this time since you came in here to find out about a retaliation to avoid retaliation laws such as termination. BTW, any retaliation is against the law after a complaint has been made against an employer.

I do believe you are calling the OP a liar here.

For thoise who slam me for my opinions tough for you as we the people know what actually happens in the work place.

Your opinions are irrelevant.

 

[Antigone*]

I said it and not even 5 minutes later a complaint. I never called her a liar as your typical bogus claim...



...I said that I did not believe her claim (((IMO))). Obviously eerelations sides with the business possibly because they would pay more $. Get over yourself. This user was interested in ways around retaliation NOT defending a claimed accusation. You legal folks never cease to amaze me how you make a simple action more complicated to justify your positions.

huhuhuhhhh

You need to get over yourself. Unless you can provide valid legal advice, then don't post. The OP doesn't need your opinion. We deal with legal facts here: You want to give opinions, go to drphil.com.

 

[mlane58]

Hmmmm, it figures. I did come in for legal advice a short time back and I got many opinions by you so called experts and I was told I was wasting my time not to persue a case of harassment against me. I went against your so called expert advices and did what I wanted only to find your "opinions were a bunch of garbage". The EEOC did IN FACT say I was harassed by my employer and filed a charge.

Sad and pathetic for the so called experts IMO.

Yo maroon! you filed the charge, not the EEOC. They investigate your claim and if they find the employer violated the law, then they will seek out remedies. Unless the EEOC finds suffcient evidence in your favor, then they are not going to tell you up front that you are right. So at this juncture, I would say I find your claim hard to believe. (sound familiar)

 

[Zigner]

BTW, any retaliation is against the law after a complaint has been made against an employer.

Please be more specific and post a cite to the applicable (to THIS thread) law.


(Still waiting)