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kubeas

Junior Member
What is the name of your state? Arizona

I went into work on Manday and my regional manger sat me down to tell me that we needed to talk about something. He then proceeded to tell me that he was investigating a complaint involving sexual harassment against me. I am a manager at a restaurnat and I was asking one of my female friends for advice on a situation. My conversation was then overheard by someone else. The only thing that I said, that I believe could be construed as sexual harrassment is " I was over at this girls house, and I snuck out in the middle of the night, and dropped my phone, should I go back and get it" So, I told this to my supervisor and he said he was investagating that story, but what he said someone told him a differnet story with alot of graphic sexual things in it that I did not say. My supervisor than proceeded to suspend me with pay until Friday when he concludes his investigation. My concern is that I am going to get fired over something that I did not say. Now since I am meeting with my supervisor on Friday is their anything that I need to ask, or be prepared for in case I am terminated. I do not believe that I sexually harrassed anyone I would like to know if I am fired for sexual harrassment is their anything I can do? Because even if nothing is turned up in the investigation, the accusation is already there I can not be expected to go back and be a productive manager. Maybe I should resign first?? Any ideas
 
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cbg

I'm a Northern Girl
Quite frankly, your options are limited.

Your employer may legally terminate your employment if they believe you have sexually harassed someone, even if they are mistaken. If your employer fires you, that is unfortunate but you will have no recourse against your employer. When a complaint of SH is made to them, they are required by law to (a) take it seriously (b) investigate it and (c) take whatever action they find necessa ry to make any inappropriate behavior cease.

IF you are able to determine who made the accusation, it's just barely possible that you may have a case against them. But it's not terribly likely. Someone making a good faith complaint of SH, even if they are mistaken or misunderstood something, has a great deal of protection since it benefits everyone if such complaints are taken seriously. To successfully take action against your accuser, the burden of proof would be on you to prove that they acted in bad faith - i.e., they knew that you had not made such statements but claimed you had anyway. YOU would be responsible for proving that they LIED. Not that they misheard or misunderstood you, not that they only heard part of the conversation and jumped to conclusions, not that someone else made the statements attributed to you but that they honestly believed you were the speaker, but that they knowingly and deliberately LIED. That's a very high standard for you to have to meet.
 

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