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Employer wrongfully accused of harassment

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booperlaw

Junior Member
What is the name of your state? Oklahoma
I work for the owner of a company who has been sued for harassment and hostility by a former assistant. The employee had a history of flaunting her enhanced physical attributes, engaging in flirtatious behaviors with other males in the workplace, and one who freely shared info about her ongoing 4-yr affair with a married man while she herself was married. (Her husband shot himself in their church parking lot after she refused to work through their marital problems.) She recently lost her financial support from the married boyfriend, and sought to recoup it from this employer! Money is her God, she makes no bones about it. I have read the 3-page allegation from her lawyer, and as an objective 3rd party, I will tell you the accusations are baseless and barely rise to the level of smut fiction. Yes, the employer is demanding at times. Yes, he is particular and sets high standards as most corporate heads would. He is also reluctant to drag his company through the public spotlight of a lawsuit, and has been the victim of embezzlement by two high-profile employees in the recent past. The plaintiff has knowledge of these two priors, and is banking on the fact he/the company will not pursue a vigorous defense, but in fact, keel over and pay 'damages' in excess of $100,000. Oh - have I mentioned she turned out to be basically incompetent, and only worked in this role for 10 months? My question is this-- should the employer a) defend vigorously; b) pay something and be done with it; c) file a counter-claim for defamation and libel? Thanks for your response.
 


fairisfair

Senior Member
What is the name of your state? Oklahoma
I work for the owner of a company who has been sued for harassment and hostility by a former assistant. The employee had a history of flaunting her enhanced physical attributes, engaging in flirtatious behaviors with other males in the workplace, and one who freely shared info about her ongoing 4-yr affair with a married man while she herself was married. (Her husband shot himself in their church parking lot after she refused to work through their marital problems.) She recently lost her financial support from the married boyfriend, and sought to recoup it from this employer! Money is her God, she makes no bones about it. I have read the 3-page allegation from her lawyer, and as an objective 3rd party, I will tell you the accusations are baseless and barely rise to the level of smut fiction. Yes, the employer is demanding at times. Yes, he is particular and sets high standards as most corporate heads would. He is also reluctant to drag his company through the public spotlight of a lawsuit, and has been the victim of embezzlement by two high-profile employees in the recent past. The plaintiff has knowledge of these two priors, and is banking on the fact he/the company will not pursue a vigorous defense, but in fact, keel over and pay 'damages' in excess of $100,000. Oh - have I mentioned she turned out to be basically incompetent, and only worked in this role for 10 months? My question is this-- should the employer a) defend vigorously; b) pay something and be done with it; c) file a counter-claim for defamation and libel? Thanks for your response.
a) if he's innocent
b) if he's guilty
c) based on what?
 

mitousmom

Member
It's really the owner's decision to make based on his assessment of his ultimate liabililty, and the risks and consequences of any possible resolution. Assuming the company has at least 15 employees and is covered by federal law, the company needs to conduct an inquiry into the allegation of sexual harassment to determine whether it occurred. If you and other knowledgeable co-workers have an opinion or evidence about the complaining employee that addresses her motives and her credibility, you should provide written, sworn statements to the company for its inquiry.

The ex-employee will have to file an administrative complaint with EEOC or a state deferral agency and receive a notice of right to sue before she can sue the employer in Court. Some ex-employees who threaten to sue will discontinue their efforts when the employer refuses to pay and reports that its inquiry failed to uncover any evidence of sexual harassment.
 

booperlaw

Junior Member
a) He is innocent, without question.
b) n/a
c) He is also on the board of a publicly held company and has been sued as one of its directors. Several of the allegations, while they are baseless, are inflammatory. I believe if the case went to trial and our company won, this defendant would win his counterclaim and be exonerated of inappropriate or illegal behavior in the workplace.

I'm very hopeful the ex-employee gets in front of the EEOC with her allegations. In addition to testimonials and affidavits from approximately 20 knowledgeable key personnel, I have copied cell phone bills, e-mail exchanges she left on her computer, and documented specific incidents of her rank incompetence, of which I have first-hand knowledge. Should be enough??
 

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