Legal Question in Sexual Harassment in Pennsylvania
Managers rights
I was put on suspension from wrok without pay because they claim someone or some persons on my staff has submitted letters of sexual harrassment. They told me an investigation will be conducted but do not know how long it will take. I want to know if i have any rights as a manager and as an employee to fight this or do i have to wait until the investigation is over? I did not have a chance to defend myself or state any ideas, they wont tell me whats in the letters or who wrote them. I do believe I know and I believe it is an attempt at revenge for prior disclipinary procedures taken by myself upon them last month.
1 Answer from Attorneys
Re: Managers rights
As a manager you should have recieved training regarding harrassment. During that training the company should have explained not only the policy about harrassment but also the disciplinary policies and the problems with potential false claims.
You need to engage an attorney immediately to assist you with your representation. In general the company has no duty do anything to protect you. Without an employment contract all employees are at-will and the company can discipline or terminate an employee for good reason or no reason at all. As long as the company is not using a prohibitted dicriminatory criteria to do so it is within its rights. Further, the company has no need to offer "due process" to an accused employee.
One way to deal with this, if you are certain you did not commit the action, is to get very aggressive. For exactly the reasons you suggest some people press claims of discrimination or harrassment. If those claims are false and the person knowingly made such claims then this is what is called a civil tort. A tort is an offense against a person that causes harm. In this case the accuser has harmed your good name and your ability to earn a living among other potential damages.
Once you engage an attorney he will evaluate the case and present options, such as immediately filing suit against the company and the unknown accuser. As I said, this is aggressive, but to protect your good name and your income it is a course that should be considered in consultation with your attorney.
I have strong experience with employment claims and dealing with businesses regarding compliance policies. I would be happy to discuss this matter with you further. You can contact me at the phone number on my LawGuru page or through my email address below.
Regards,
Roger Traversa
email: [email protected]