Legal Question in Discrimination Law in California

What should the framed individual do?

I am accused of being gay and harassing a female employee in the middle of the night with phone calls on my nights off.The homosexual issue has come up before along with many offensive comments and hours of loss sleep because of this. What are my legal options?


Asked on 11/24/02, 7:12 am

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: What should the framed individual do?

Being accused of sexual harassment, you have limited options in defending yourself. The Co should fairly investigate and take action on the facts.

IF you claim YOU are being harassed and this current accusation is fabricated, how do you intend to prove all that through independent witnesses or documents? Your speculation doesn't count. If you can, contact me if interested in discussing remedies.

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Answered on 11/27/02, 5:12 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: What should the framed individual do?

Thanks for your posting. I have to agree with Mr. Nelson that the provable evidence is important here. You did not mention documents, records, witnesses, etc., or what action the company is taking against you. If you are demoted, or fired, you may have lost income that you can sue for, if your termination or demotion was wrongful, and considering other options.

Best of luck.

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Answered on 11/27/02, 6:51 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: What should the framed individual do?

Sexual orientation is no basis for terminating an employee. Sexual harrassment is and it appears that you may be being set up for such a charge, you should see what develops and attempt to evidence your non-involvement in such harrassment.

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Answered on 11/29/02, 2:20 am


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