Legal Question in Sexual Harassment in Utah

Falsely accused of sexual harassment

I showed up for work to cover a shift I had picked up and another person said that the manager called them to come pick up the shift I was covering. So I went to talk to the managers and they took me in the office and told me that someone had filed a complaint about me grabbing thier breasts and butt, claiming that they had told me forcefully a number of times to stop. My first question, since this is not a true statement, but rather a false accusation, do I have the right to sue for defamation or seek punative damages?

Then the managers said that they have a ''Zero Tolerance Policy'' and that my employment with them is terminated. I wasn't given any chance to defend myself and I do not believe that they investigated the claim which they are required by law to do. My second question, do I have any case against this company for not following the laws for this scenario, if indeed they did not? If so what can I do?


Asked on 1/12/09, 9:44 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Falsely accused of sexual harassment

You can sue the person who complained. If the company has a "zero tolerance" you can also name them for failure to investigate. Ultimately you can be fired without cause anyway, so your remedy may only be unemployment compensation. However, based on the company's policies you may have a claim against them as well. You need to first appeal to a higher up.

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Answered on 1/13/09, 11:35 am


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