Legal Question in Sexual Harassment in California
Carreer/ESOP shares at risk?
I have been at my company for over 15 sterling years and am 80% vested in our ESOP shares.
I recently expressed interest in a young temp at work offering to take her to dinner, or perhaps shopping for an upcoming trip. The following day she emailed me expressing she had no interest and request that I not contact her again. I did not even reply to her email to comply with her request. I have not spoken to, contacted, or even made eye contact since.
She filed a sexual harassment complaint at work. I was called in, asked about it, and admitted speaking to her and having no further contact after receiving her request. HR dept mentioned solicitation and I emphatically denied any sort of solicitation.
Now, HR dept wants me to come in a second time and sign some form of action notice. I'm afraid it will include admission of sexual harassment, which I cannot sign due to being unaware it was unwelcome until the following day.
I fear that if I cannot sign this (or even if I do) I am apparently potentially subject to termination and forfeiture of my remaining 20% ESOP shares.
If I am forced to falsely admit to harassment prior to its unwelcome knowledge, can I legally pursue signing under duress or coercion?
2 Answers from Attorneys
Re: Carreer/ESOP shares at risk?
Do not sign anything that is not true. If you do, you admit what it says. You don't get 'do overs'. You could contact an attorney to review the documents with you, and help you deal with the company. That would put them on notice you intend to protect yourself from false claims. Feel free to contact me if serious about doing so.
Re: Carreer/ESOP shares at risk?
If everything you stated in your question were true, then I would not sign any document admitting that you sexually harassed the other employee. If they fire you as a result, then you need to seek counsel. If they begin to harass you until you quit, then that could be constructive termination and again, I would seek counsel.
Based upon the facts you gave in your question, if the woman you sent an email to came into my office and wanted me to represent her in a sexual harassment lawsuit against you and your employer, I would probably decline.
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