Legal Question in Sexual Harassment in California
Independent Contractor's Rights - False Allegations of Sexual Harrasment
What rights do I have as an independent contractor (IC) concerning sexual harassment accusations?
I work as an IC in CA for a company based in St. Luis MO. (All work is performed in CA) Recently I was notified that my (month to month) contract was terminated by the parent company on the grounds of sexual harassment complaints from 2 separate people. We all work as entertainers at a nearby theme park. I work as an entertainer / cast manger. This is a very ''loose'' environment, but I do play a supervisory role (scheduling, liaison, etc.) The parent company refuses to give me a copy of the report. They did not ask me one questions concerning any incidents, they suspended me for 1 week (pending an investigation), then called a week later to say they no longer had need of my services. No other information and all of this was done verbally over the phone. Here's my questions.
How can I legally get a copy of the report?
What are my rights concerning suing for damages for false allegations?
Who is liable if it turns out the claims are false?
Thanks in advance for the help.
2 Answers from Attorneys
Re: Independent Contractor's Rights - False Allegations of Sexual Harrasment
Unfortunately, as an Independant Contractor, you do not have the rights of employees. Usually a company of any size has an employees policy memorandum setting out a procedure for bringing and defending such claims. You must look to your independant contractors'agreement for your rights against the company. In any case, you do have rights against the individuals who made false accusations against you. Defamation of character is a well recognized cause of action. It may, however, be expensive to pursue. Wherever the individuals reside, is where the action is likely to have to be brought and it is in that jursdiction where you should consult an attorney.
Re: Independent Contractor's Rights - False Allegations of Sexual Harrasment
If you have a month to month contract with the company that employs your services, either party has the right to not renew the contract for any reason they wish. If the company received a complaint about you there is no legal obligation the company has to have proof of your guilt to refuse to continue its relationship with you, unless there are specific restrictions stated in your contract.
Your claim for damages would have to be directed at the person who complained, for defamation of character (slander or libel). These are difficult cases and not always very prudent, but you may wish to discuss this option with an attorney in your area.
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