Legal Question in Sexual Harassment in California
discussing harrassment suit with other employees
In December a co-worker filed sexual harrassment against me. It was investigated by the HR department and the charges were unfounded. I recently found out that she told all staff at my place of employment about suit. She discussed it before she filed, after she filed, as well as discussing the findings.. Did she not violate my right to confidentiality by going to other staff and discussing the situtation?, I am confused. What rights do I have? I have not retaliated against her, I have not discussed the situation with other co-workers, This is a long drawn drama, that has involved some many issues. I have had staff come to me and state they were concerned, because this woman was obsessed with me and would not stop talking about me,they felt that she was going to make rash decisiond. She would call me after work hours ( I never took the calls, I let them go to voice mail). She had to take days off, after I asked her to stop calling me. The list goes on and on. This woman even bought me a Christmas present, after filing the suit. Of course I did not take it. But I don't know what to do, or where to turn. The situation with her is never ending. She won't stop.
2 Answers from Attorneys
Re: discussing harrassment suit with other employees
If she has filed a lawsuit against you, go immediately to an attorney. This is not something you want to handle by yourself. You then could cross-complain (i.e. in the same lawsuit) against the coworker for defamation (slander) and whatever else a creative lawyer could come up with. Make sure you give to your lawyer any written communications from her to you and your employer.
Re: discussing harrassment suit with other employees
There is no right of confidentiality in this situation, per se, but if she is going around making false statements about you it could constitute defamation. You need to preserve all of the evidence you have regarding her behavior - the messages, emails anything and everything that shows she is harassing you. Present this to your employer and ask them to intervene. If she has filed a lawsuit, hire an attorney to defend you - you may have a claim against the employer if you make them aware of the true circumstances and they do nothing to remedy the situation.
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