Legal Question in Sexual Harassment in Florida

Re: accused's rights

Assuming this is a civil (non-criminal) matter, such as an accusation in the workplace, then you do not have any of the rights that you mentioned. Basically, those are all due process rights associated with criminal cases.

However, should your employer take action against you without giving you the opportunity to know what you are accused of and respond, then you might have a law suit against the employer for wrongful discharge, reverse sex discrimination, defamation, etc., depending on the facts of the case.

From a practical standpoint, you need to defend yourself aggressively so that you are not railroaded. If it is at work, speak with a trusted supervisor, HR rep., or take it to a VP or higher. Make it clear that you want to be treated failrly and need to know the facts so you can defend yourself.

Be sure to read the employee manual or any applicable policies on harassment, internal complaints, investigations, etc., to see what rights you might have under those, and also to see how the company is supposed to respond to the original complaint. The sexual harassment policy should say that they will undertake a thorough investigation. If so, point out that they can not do so without having your side of the story. It makes no sense to keep it secret in order to protect the accuser. (Although companies sometimes wrongfully think it does.) Once he/she makes the complaint, confidentiality only means that the matter won't be widespread, but it will be discussed with the involved individuals such as you and any witnesses.

If you feel the need to hire an attorney, please call for a free consultation.

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.