Legal Question in Sexual Harassment in Utah
Falsely accused of sexual harrassment
A 17 year old employee that I supervised discovered that she was making less money than another employee. She submitted her two week resignation which I accepted. One week later she made a claim to the owner of the company that I said if she took off her clothes I would pay her more money. I was promptly fired for other reasons. The claim was not even mentioned.
As a result my wife attempted suicide, I stand to loose my house, car etc. How can this be just? Can't I sue the employee for pain & sufferring? Can't I sue the owners of the company?
1 Answer from Attorneys
Re: Falsely accused of sexual harrassment
The first requirement for you to be able to sue is that there be something illegal about your firing. Unless your firing was illegal, the boss and the company have no legal responsibility for the injuries you suffered.
So, was the firing illegal? That depends on the reasons you were fired. It is illegal to fire you because of discrimination based on race, color, national origin, sex, religion, age or disability. You say you were fired for "other reasons." What were the reasons? What do you think the REAL reason was, not just what your boss claims the reason was? If you think th real reason was discrimination, you should consult with an experienced employment lawyer.
If the reason for the firing was the false accusation of sexual harassment, then whether that is illegal is an interesting question. Did the company fail to truly investigate the complaint, simply believe the woman, not ask for your side or not believe you because you are male? I think it may be illegal sex discrimination for an employer to automaticly believe the woman or fire the man because it is more afraid of a lawsuit from a woman than from a man. The key here is were you treated diferently because yoou are a man? If so, then this is sex discrimination and is illegal. If you think it is, you should contact an experienced employment lawyer.
Please feel free to write back with more facts that answer these questions. Good Luck.