Legal Question in Sexual Harassment in Tennessee
accused of harassment outside the workplace
One of my subordinates was fired with just cause. She has now threatened a law suit against me for sexual harassment, which she alleges occured outside of the workplace. Is it possible to file a lawsuit for actions that did not occur in the workplace? If so, is the employer still responsible for covering the liability issues? Also, the statements she has made are not true, what are my rights regarding ''defamation of character''?
1 Answer from Attorneys
Re: accused of harassment outside the workplace
The employer may have some liability for, and the former employee can sue for, actions that occurred outside of the workplace in regards to sexual harassment. The typical case occurs when the employee claims that something occurred outside of the office that had repercussions on the employees job. In most cases, there is usually not much basis (and little prospect for recovery) from a defamation case.
You would be well-served to speak with an attorney in regards to these issues. If the former employee sues, you will be interviewed immediately by the company (assuming that it already hasn't happened). How that interview is handled by you could determine how secure your job is. Additionally, an attorney can help to guide you through what is happening now.
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