Legal Question in Sexual Harassment in New York

Victim of a false claim

I engaged in a consenual sexual act with a co-worker outside of work and not during company hours. Later (5months), this person approached HR and said that what happened was unwanted and unwarranted. HR then interviewed me to hear my side of the story. Another co-worker told me that the accuser said to them that they were ''going to get me''. My question is two-fold. Does my company have the right to even question me about this and two, am I permitted to file a false accussation report with my company as another co-worker told me that the accuser specifically said that he was going to find a way to get me in trouble.


Asked on 6/09/06, 9:52 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Victim of a false claim

Your company has a DUTY to question you about a claim of sexual harrasment, not just a right, especially if the co-worker mischaracterized the situation as work related.

To your second question, I would explain what you heard from the third individual, to the HR employee who already interviewed you; if there is a problem with that, file it separately.

Companies do not like false claims.

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Answered on 6/09/06, 9:58 am


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