Legal Question in Sexual Harassment in California

False Sexual Harassment claim.

I am currently on paid administrative leave pending the outcome of my employer's investigation into a Sexual Harassment claim against me. It was filed by an indivudual who was vying for a promotion that I ultimately got. This individual has been very vocal about her anger regarding my promotion and then suddenly (mere days after a company sponsored sexual harassment training session) she filed a claim that I have been demanding sex from her. This is absolutely false. The twist is that we did have an admitted 'flirtatious' relationship that ended mutually over five months ago. What is my recourse if terminated in this completely she-said/he-said situation?


Asked on 12/04/02, 8:53 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: False Sexual Harassment claim.

Not much. Your word vs hers won't get you anywhere. IF, IF, you had witnesses to her admitting they were false charges, bring them in to the company. Other than that, you should worry about your 'file' and being fired for misconduct. You might consider hiring counsel to try to keep your record clean so you can have a chance of getting another job. Contact me if interested.

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Answered on 12/10/02, 2:02 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: False Sexual Harassment claim.

If you are terminated, you can file a complaint with the EEOC for "wrongful termination" you can sue the woman who is doing all of this, for inducing a breach of your employment relationship, also intentional infliction of emotional distress and intentional interference with an advantageous business relationship, and, if you had a contract, for inducing a breach of that contract. You can also bring an action against you former employer, upon securing a "right to sue" letter from the commission.

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Answered on 12/09/02, 4:43 pm


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