Legal Question in Sexual Harassment in California

My husband has been falsely accused of sexual harrassment at work. What can we do to fight it? He is currently placed on probabtion while they "finish investigation"


Asked on 11/05/12, 1:25 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

There is little your husband can do while he is suspended. He cannot contact any potential witnesses or do anything which may be perceived as interfering with the investigation.

These are very difficult charges to defend against because the accused has no due process rights, which means he has no right to confront his accuser or even be proven guilty, assuming he works for a private company and is an "at-will" employee.

The best advice I can give is for him to be fully cooperative with whomever is conducting the investigation, be open and honest and provide as much information as he can, to provide a clear picture of what has occurred. It helps to prepare notes for himself, to get his thoughts together, as to who and why these accusations may have been made.

If he feels it is necessary, your husband should consult with an employment law attorney, so he knows what his rights and obligations are under California law, and for advice on how to handle himself if he meets with the investigator.

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Answered on 11/05/12, 3:03 pm
Terry A. Nelson Nelson & Lawless

A 'fight' means submission of witness testimony or other admissible credible evidence to show how the allegation is 'false' or mistaken or a misunderstanding by the victim[s]. His simple denial is not valuable or evidence. Hire an experienced attorney that knows what to advise you and how to do these things.

He needs to understand that, in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or terminated any time for any reason, with or without �cause�, explanation or notice. Sexual harassment allegations are proper cause for termination unless proven to be false and fabricated in bad faith. Bottom line, don't expect to keep his job unless he proves the allegations false. And, if he is in management at the company, anticipate being sued along with the company if the allegations can be proven against him.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight this and get the best outcome possible, using whatever defenses there may be.

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Answered on 11/06/12, 2:44 pm


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