Legal Question in Sexual Harassment in Florida

Re: accused of sexual harrasement

There are no "rights" per se in such situations. (Check the company harassment policy, if there is one, to see what it says about these situations.) What should happen is that the employer does a thorough investigation including taking statements from you and the accuser. They should tell you what the accusation is so you can respond. (But, again, there is no "right" to be told, although it makes sense. But some employers make a mess of these investigations.) Then the employer decides what to do. If you are an employee at will (no contract or union), the employer can take disciplinary measures or discharge you as it sees fit.

The problem in these situations is that the employer sometimes overreacts and discharges people who don't deserve it either because the offense was not so bad or there is no real evidence that it happened. In those cases, the accused sometimes turns around and sues for wrongful discharge.

In any case, you should consider getting your story on the record up front. You could either write out what happened including a denial that you ever did anything inappropriate (if true), and submit that to the employer, or speak with someone who handles these things for the company in order to give a statement (if there is such a person - HR, a VP, etc.).

You could also take the wait and see approach and then respond to the allegation when you find out exactly what it is. In any case, do not take any negative action against the woman. If you have to keep working with her, just treat her like you do every other colleague. And try never to be alone with her. Make sure there are always witnesses who see you when you are together. If she ever comes into a room when you are alone, walk out immediately. If she askes to speak with you privately, do not accept the invitation.

If things start to look bad, you can hire an attorney to deal with the employer for you. That might offer you some protection since the employer would know that you will not lay down and roll over.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.