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Sexual harassment claim & Union

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scaredwife2000

Junior Member
What is the name of your state (only U.S. law)? WA

On 10-8 my husband and a female coworker had a disagreement. The coworker complained to the Manager, who did not take her side. She was advised that her position was being re-assigned and she had not finished her probationary time to be a full time employee.

10-9 a police officer showed up on husband's work and interviewed him concerning touching the coworker in Feb. 2008. The coworker at the time was NOT an employee of the same company but a vendor on the property.

The police officer did not arrest him, book him or anything like that.

After the officer left, his work put him on paid leave/reasignment at home. He received a letter the next day stating his pay status and his leave was for "worker misconduct".

We notified his Union - AFL CIO - who stated we basically just had to wait until they called for a meeting.

We were finally able to get the police report on 10-22. The report from the coworker is completely a lie. She accuses him of physically assaulting her threw her clothing with a witness who is her sister.

The problem with her report, the date she claims it to have happened was a Saturday. Husband did not work that Saturday and has the time sheet/payroll to prove it. And as a vendor, neither the woman nor her sister would be on site on a Saturday.

There is also an alleged issue through heresy with a female correctional inmate, who made accusations to her DOC Guard. There is no date associated with this claim as it was on the police report third hand.

The inmate issue is also a lie and incorrect. Employees are never allowed to be alone with an inmate and if there HAD been a report made by the inmate to her DOC Guard, he is required by law to file a DOC Custodial Misconduct report which triggers a HUGE investigation. There is no investigation or report.

His employer is NOT aware that we have the police report.

He finally has his first meeting with the investigator on Wed 10-29. He is only allowed his Union Rep. with him.

What should he expect?

Should he go in on the offense, knowing that he is in the right?

Or wait until questions are being asked?

He has also been informed that he has a meeting with the Director on 11-04, which worries him as it sounds like they've made up their minds without finishing the investigation.

We have talked with several lawyers, including criminal for the police report and employment. We can't do anything about the criminal complaint because she is not pressing charges.

We can't use an employment attorney unless he is terminated and the Union is not on his side.

Thank you!
 


Zigner

Senior Member, Non-Attorney
Related thread: https://forum.freeadvice.com/arrests-searches-warrants-procedure-26/charges-supposedly-alleged-filed-scared-434140.html
 

scaredwife2000

Junior Member
I am sorry if I posted this in the wrong area, as the previous post was about the police report. I thought this was for an employment issue?

I apologize if I posted it wrong.
 

cbg

I'm a Northern Girl
As far as employment law is concerned, he would have more to worry about if they were not conducting an investigation, and he can best help himself by being fully cooperative with them. That does NOT mean going in with guns blazing on the offensive, but taking an attitude of wanting to do whatever he can to help to get at the truth of the situation.

He doesn't want to be in the position of the gentleman who protested too much, methinks.
 

Beth3

Senior Member
Should he go in on the offense, knowing that he is in the right? No.

Or wait until questions are being asked? Yes. And when the questions are done being asked, he should volunteer any additional pertinent information that wasn't brought to light by the questions.

Since this woman made a complaint, no matter how ludicrous at face value (e.g. he wasn't even working on the day she alleges the incident took place), your husband's employer must conduct a thorough investigation. If the facts are as you say, then I would anticipate a determination that no SH occured and that the complaint is not credible.
 

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