Legal Question in Sexual Harassment in California
Deposition Pending
I do not have attorney, but I am being deposed next week by claimant on a lawsuit against my company and a former co-worker. The co-worker sexually harassed me as well and I never complained for fear of retaliation. Now my company wants me to admit that the relationship was consentual to reduce their liability. The say they will settle but want to minimize the damage. The attorney said since I never came forward it is considered consentual. I feel this is unfair. Rumors and comments are continuing from my superiors and other co-workers. What can I do in this case? Do I have to attend deposition? Can I delay and file a claim of my own?
5 Answers from Attorneys
Re: Deposition Pending
Tell the truth! You should consult an Attorney ASAP concerning your potential claim against your employer. There are specific time limitations on your claim.
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Re: Deposition Pending
You take an oath to tell the truth at your deposition and you should do so. Contact me diretly.
Re: Deposition Pending
You have the right to file or not file a lawsuit. That is your choice.
As for your deposition, you are obligated to and must tell the truth. Whether the relationship with the co-worker was consensual or not is based upon your accurate recollection. If you were harassed, it wasn't consensual. You can describe each event that occurred involving you or that you witnessed and your reaction to it, what was said, etc.
Once you tell the truth, the company will be required to investigate your allegations of sexual harassment as well. (It already should have initiated an investigation once you discussed your issues with them.) If the plaintiff's attorney asks what you and the company representative talked about, you must tell them.
If the company retaliates against you for the truthfulness of your testimony under oath, you should seek legal counsel.
If you wish, you can postpone the deposition to have an attorney present. You might hire one just for the day. There probably also will be certain private questions that you should not answer because of the right of privacy, so it's best to have legal representation rather than going into a deposition alone and unprepared. Good luck!
Re: Deposition Pending
For goodness sake, tell the truth! And file your own case if there is still time, you will need to pick up the phone and call a lawyer! Get one well before your deposition.
Re: Deposition Pending
If the company is pressuring you to lie, hide or misrepresent the truth to opposing counsel, you would be risking a perjury charge, and they are risking further civil charges in the case. You should tell them in a memo you will not do anything wrong or unethical as requested. If the company retaliates against you in any way for telling the truth in this deposition or elsewhere, you would have a lawsuit against them. You may still have time to bring your own sexual harassment claim against the company if it has been less than a year since it occurred. Feel free to contact me if interested in getting advice and counsel in either situation; I've been doing employee rights litigation for 20 years.
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