Legal Question in Employment Law in California
suspension after a customer claims i sexually jarrased her!
i am a cashier at a very busy parking lot. a customer claimed i sexually harassed her by ''asking her out, tring to get her phone number, and asking if i could get laid'' thats what my employer told me. the claim was made by email letter to the company 10 days after the accident. i've been suspended pending investigation. i've never sexually harassed any customer in any mean or form including the one described above. how can i defend my self if i am terminated?
1 Answer from Attorneys
Re: suspension after a customer claims i sexually jarrased her!
In private employment employees do not have, what is known as, due process rights. This means that you do not have the right to confront your accuser, or to be proven guilty in a court of law. Employers have the right to terminate for any or no cause. They certainly have the right to terminate based upon a customer complaint of this nature, even if they cannot prove you did what you were accused of. My suggestion is to cooperate with the employer and provide any information requested to show you have nothing to hide.
If you have evidence that the employer made up the accusation to defame you or for some other unlawful reason, you may have a basis for a legal claim. You may also have a claim against the person who made the accusation. To pursue such claims, you will need to have your case evaluated by an experienced employment law attorney.
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