Legal Question in Employment Law in California
i work in an office and my manager was accused of sexual harrasment by co-worker. now this co-worker and i had a phone conversation minutes after the incident. now my co-worker is filling a law suit and since i was the 1st person my co-worker told about the incident im involved. theres and allegation of my co-worker and i having an affaird and my company thinking we made this hole story up for cash...my co-worker and i have not made this story up and since the manager involved in this incindent has never had any complaints the company is not believing the claim...i believed my co-worker due to this manager asking her out in several occasitions in the pass and insisting she go out with him...the company is asking me lots of questions inregards to this whole incident...since my co-worker already have an attorney should i look for legal council my self just in case they drag me into this matter if it does goes to court...what can i do and what are my rights...since im friends with the co-worker who put the law suit and my company thinking im involved with this matter...
1 Answer from Attorneys
As an employee of this company, you have an obligation to cooperate with the company's investigation into the allegations made by your co-worker and truthfully inform the investigator what you know about the incident.
As a witness to sexual harassment, you are protected against retaliation from the company for your truthful testimony. It would be unlawful for an employer to retaliate against an employee who assists or testifies on behalf of the victim of sexual harassment.
If you believe the company will retaliate, in some form, you could hire your own attorney to try to keep this employer honest. But you will still have to answer any questions they have about the incident.