Legal Question in Sexual Harassment in California

A co-worker is having HR look into harassment charges against me. She is upset about a blog in which I stated that she had turned to drugs, alcohol, and sex while going through a painful divorce. I did not use her real name, but I did use part of her login name in the post. Does she have a case?


Asked on 2/18/14, 9:40 am

2 Answers from Attorneys

Kristine Karila Law Office of Kristine S. Karila

Sexual harassment in the workplace must be either severe or pervasive. When an employee complains about sexual harassment, the employer has a legal duty to investigate the claim and make it stop. If you are an at-will employee, you can be fired for your conduct and for any other lawful reason. She may have a defamation claim against you if your blog meets the elements required for that type of a claim.

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Answered on 2/18/14, 11:44 am
Terry A. Nelson Nelson & Lawless

Anybody can sue anybody for anything. Winning is a different question.

She is surely tempted to sue you for slander/defamation. If she can show her identity was readily determined from your post, you have a problem from publishing such private and personal attack information. To 'win' your defense of such lawsuit, you would have to prove through admissible and credible evidence that each of the details you put in your post were 'true and accurate'. You've heard the saying 'truth is a defense'? That is the rule for a slander lawsuit. Legal defense costs of such a lawsuit will be substantial.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.

As to the company investigation, there is nothing you can do to avoid being terminated if they chose to do so, possibly for 'misconduct' and 'cause' that will disqualify you for unemployment benefits. Even without 'cause' to fire, you are an 'at will' employee that can be disciplined or terminated any time for any reason, with or without �cause�, explanation or notice.

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Answered on 2/18/14, 4:49 pm


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