Legal Question in Sexual Harassment in Massachusetts
false accusation of sexual harassment
I have been falsely accused of sexual harassment at my workplace. A woman that I work with has alleged that she had drinks with me at work, I drove her home, she invited me into her house, we drank abottle of wine, I asked her for sex, she refused, we were both ok, then I went home. % months later, I have been suspended from my job without pay & without any attention paid to the fact that I categorically deny these allegations. I have informed my boss that I not only have 2 witnesses that place me elsewhere during the time she alleged this all took place, but I also have supplied my boss with possible motives behind these statements. My wife and I are horribly upset by these allegations, not to mention all of the economic hardship this indefinite suspension will place upon us. My employer did nothing to protect my rights, did nothing to squelch the workplace rumor mill, (the staff knew the particulars about this before I did), and now I am being punished for soemone else merely stating that this incident ocurred. This person who complained has not even filed a written or formal complaint, nor does she purport to having any proof other than her personal recollection. I feel humiliated, deeply hurt that I no longer have a job that I enjoyed, and feel incredibly harassed through all of this. I was forced to confront this person, amid words from my boss such as, "please trust me to make this go away......just talk to her so I can help you...)What are my rights????
3 Answers from Attorneys
false accusation of sexual harassment
See a good libel and slander lawyer in your state and sue her. If only to clear yourname. Yes, it is expensive. So is treatmentfor cancer. That is what you've got here....legal cancer.
But you better not be kidding us about beinginnocent as the driven snow. Your entire lifewill be up for grabs in such a lawsuit. Anyskeletons in your closet will rattle to thefloor in the courtroom.
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sexual harassment accusation (false)
This writer was much relieved to see *Bro' Weiner's* thohts here already - I read your query in the wee-hours & couldn't decide if the shudders were brought on by a draft, or your predicament {which is aptly, if skeletally, described by Weiner, Esq.}.
One must echo the particular caution: _if_ , by any stretch of the imagination, there's something/anything to the 'complaint' ... you are prbbly better-off accepting whatever grief you're enduring now w/ quiet resignation.
One would hope, otherwise, that the company was [or was not, depending,] established to the extent of having its "employees' policies/procedures manual" in good shape & that *management* is 101% in compliance w/ the appropriate provisions (and, depending, that management has/hasn't compounded any libel/slander);
& one would hope that the absolutely false&malicious complainant had some assets [if she's a 'turnip', you're looking at 0 but turnip juice].
Be careful. Right Away - spend a few $ on a quality consultation. Good luck. It won't be even one wee-bit of fun.
Regards, etc.,
j.m.hayes
-> these musings are, you know, just a "seat-of-the-pants" analysis & are NOT intended to be construed as / understood as / utilized as Legal Advice & Counsel <-
Alleged false accusatrion of sexual harassment
Your rights are many, but you'll have to fight an expensive fight to have them work for you . . . unless your employer is willing to defend you, and that will only happen if the complainant is suing both the company and you. To avoid that potential suit is the reason your employer suspended you. Questions that must be asked and answered are: Were you her supervisor? Were you in a position to effect an adverse job decision regarding the complainant? Were there any other complaints about you? Did she make any complaints about other males at work? Did you get your two "alibis" in writing? If not, can you get your alibi witnesses to commit their recollections to writing? Are you a member of a union? Is there a grievance procedure where you work? Is your employer a public or a private employer? If there is a grievance procedure, did you already have a hearing/ Are you allowed to bring family or friends or witnesses or legal counsel to that hearing? How long ago did the alleged event occur? How much later did you learn of it? How many days/months have passed since you were suspended? Did you file at MCAD for being discrimnated against? But for the fact that you are a mail, perhaps you would not have been accused of harassing that female. (Discrimination runs in both directions.) Did you file at EEOC? Do you even know what MCAD and EEOC are?Have you read you homeowners insurance policy? Do you have liability insurance? Is your position one that could be easily duplicated elsewhere? Your age? Her age? Your wife's attitude regarding the situation? Is she supportive or willing to be supportive? As you can see the questions are "endless"! So . . . you must decide to put this episode behind you and get on with the rest of your life . . . or begin consulting attorneys. Don't waste any time in making up your mind in deciding what to do because if yousue your employer for "reverse discrimination," you must do so within 180 days of your suspension. Good luck.