Legal Question in Sexual Harassment in California

Hello, my question is as follow, my housband got accused for sexual harrasment at work. This is how it all went. He works at a restaurant, he was working in the back preparing for the days meals, he noticed that one of his co-workers passed by so he assumend that she had passed, he turn around and she was in back of him. My housband is a big guy so when he turned he rubbed on her by accident, he apologized to her, he told her "I'm sorry I didn't know you were in back of me, it was an accident" she said "Yeah right an accident" so he told her "ok well just take it however you want" the day went by and she kept on working, she waited for the assistant manager to go to the bathroom, so she went in back of her and started crying in the bathroom. She talked to the manager of the restaurant, so did my housband and both of them had the same version. Now she came to work telling the manager that a cop was going to come and to investigate what had happend. My housband has been working at this place for 5 years and has never had a problem with no one, he has never been written up, no bad report or anything like that. Should we be worried about the cop situation? Is there a case? What should we do?

Thank you very much,

Christina


Asked on 8/11/11, 3:34 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Should you be worried? Of course. He may lose his job for 'misconduct'. Any complaint of sexual harassment MUST be investigated by the employer and 'appropriate' disciplinary action taken, from a warning up to and including firing, if the employer concludes that something did occur. "Cops" wont be involved unless she accusing him of criminal assault. In that case, feel free to contact me for the legal defense he'll need.

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Answered on 8/11/11, 5:05 pm


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