Legal Question in Sexual Harassment in California

What recourse do we have for false accusation?

My husband and I work for a small retail store (owner/manager and eight employees). Generally, all employees get along very well and we have a friendly environment. It is not uncommon for us to joke/tease each other. We were all shocked when a female employee stopped coming to work and filed charges of sexual harassment and constructive termination against the owner and two male salespeople (my husband included). She will be suing all three men individually as well as the company itself. She claims that she was detained and touched against her will, had her privacy invaded, and was retaliated against when she complained. She did not complain about any problems on the job, and I can personally remember many times that she participated/initiated some off-color jokes herself. My husband and I are both very upset about these accusations. Does he have the right to sue for slander, defamation of character, or malicious prosecution? Do I have the right to sue for intentional infliction of emotional distress because my husband was accused?


Asked on 3/17/98, 7:10 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

it depends, more info needed

it is unclear what you mean by the term "filed charges". if you mean she filed a lawsuit the answer is a qualified no. you cannot sue for slander or defamation of character. In order to sue for malicious prosecution, you must take the case she filed to a trial and win. Only then may you sue for malicious prosecution, assuming you have any money left after successfully defending yourself.

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Answered on 3/21/98, 1:24 am


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