Legal Question in Employment Law in Pennsylvania
Alleged Sexual Harrassment
About a month ago, I was accused of harassment from an employee (K) as she was leaving the company.
Personnel investigated, interviewed me and the complaint was set aside with no further action. The complaint was extremely vague and had no merit. We were both instructed by personnel that we should not discuss this matter with anyone, and have not done so.
About a month after K left, I saw her from across the street in town � two days in a row. I did not approach or speak to her. A day later I received an e-mail on a personal account, saying hey [expletive deleted] stay away from K � how do you like personnel. The true sender of this email is unknown.
In response to this, I sent K an email to her personal account, from my personal account saying that I had no wish to speak with her because I thought her dishonest and mean.
All of this has occurred outside of the company, after she left. No company assets were used by me.
K then turned around and sent this to the personnel manager at my company. This manager has called me and asked to speak to me on the matter. I have not done so yet.
I was thinking I should document the incident to personel. Should I? Also what should I say to personel?
1 Answer from Attorneys
Re: Alleged Sexual Harrassment
Document everything and bring all documents with you. You should have an attorney with you when you speak with the employer. Also, you may have another employee with you, as a witness. Employers are required to allow you to bring another employee, of your choosing, or an attorney into a meeting on personnel matters.
Make certain you have the original message sent to you and your response. Be eable to explain why you have K's personal e-mail address and how you obtained it. Make certain that the employer knows what is happening and why. Any communication you have should either be witnessed or written. No need to be a prick about things, but play safe.
Most importantly, stay the hell away from K. You have no need to deal with her and obviously it will only get you in trouble.
And remember, Penssylvania is an at-will state. An employer does not need to have a valid reason to terminate an employee. They only need to not have an illegal discriminatory reason.
Regards and good luck,
Roger Traversa
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