Legal Question in Sexual Harassment in California

Wrongfully acused of sexual harrassment

I was brought into the HR department today about a sexual harassment charge against me by an HR employee. First, I thought I understood why I was in there. I had made a comment that could have been perceived in two different ways. I perceived it one way as well as 50% of the folks that were there. This HR person perceived it another way. I think it was mistaken because she is from another country and has difficulty translating certain things. My company was having a team building event that involved some beer after hours. That is when I made this comment. I also made another comment to coworker friend of mine that this HR person overheard. When the HR person had no idea what this comment was, she demanded I tell her. After four attempts of not telling her, I was forced to tell her about a skit that I was referring to on ''Mad TV.'' Well, that is what I thought I was going to the HR office for, but when I got there I found out that it was because of something this HR employee had made up as well as the rest of my comments. I was then written up for Sexual Harassment and had to sign something. Do I have any defense against her made up comment or that I was forced into explaining what was overheard? Please help!


Asked on 8/08/08, 8:27 pm

1 Answer from Attorneys

Arkady Itkin Law Office of Arkady Itkin

Re: Wrongfully acused of sexual harrassment

I am sorry about your situation at work.

It sounds like no significant adverse employment actions such as demotion or termination has been taken against you.

At this point, you should (1) demand full investigation of the allegations with a formal issuance of findings (your employer has a duty to do that); and (2) you should submit a rebuttal denying each and every specific allegation so that it becomes part of your file.

Thanks and if you would like to discuss this further, feel free to contact me.

Arkady Itkin

Attorney at Law

[email protected]

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Answered on 8/11/08, 2:28 pm


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