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Fired Due to a False Accusation of Sexual Harassment

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  • 12-10-2013, 05:16 AM
    Def
    Fired Due to a False Accusation of Sexual Harassment
    My question involves defamation in the state of: California.

    So, this is the story between me and another female co-worker. She was married and in the process of separating. Our relationship since I met her was very flirtatious and I have known her for about 3 months now. Our relationship was becoming more and more flirtatious as we would talk about sex and touch each other which other people saw at work as well. People at work would often ask her questions in regards to our relationship considering she was still married. Either way, so we showed each other pictures of our body's on our phones and had lengthy text message conversations regarding sex. So one day, she asked me to touch her chest because it was hurting her and she thought something was wrong. I said of course! So we went out to her car and I felt on her breast and nothing abnormal was found :)

    For some reason, I do not for the god loving part in me know why I said "what would your husband say about this?"

    Now I understand that may be perceived as a threat which she took it as. Because when we went back to work she took my phone and deleted all text messages between me and her. At that point I was very upset but see where she was going with it. She said she was going to file sexual harassment charges to our HR department.

    So, in the "HR investigation" I told them the truth what happened(in which I shouldn't have said that I did touch her chest but that it wasn't in consent") and it was concluded that I was fired. Well, this is a side question "XXX has determined to ends its relationship for performance reasons" and further it states "terminated for violating Company policy". What does this mean for my future employment and using this company as a reference as I performed excellently there.

    I think the company treated me very nicely(?), I can get unemployment because they are aware of my relationship with the woman, I assume it would cost them too much to keep me in lieu of legal issues for the company.

    So basically, I am mad now and want to get back at her lol. I understand that I probably don't have anything to come with and that she could probably counter with other suits in regards to harassment whichever. Is there anything I can do to sue her for defamation as the whole company now knows and I am stuck with severe anxiety about it, the loss of wages and mental trauma due to this ordeal which was taken way too far and I guess is one of those things women "can" do very easily.

    Also, how would I contact my company to obtain records of chats from me and her to be used in a suit?

    In the end, do I have a case or should I just bite the bullet?
  • 12-10-2013, 05:28 AM
    free9man
    Re: Lost My Job, Defamed from False Sexual Harrassment
    Bite the bullet.
  • 12-10-2013, 05:42 AM
    Def
    Re: Lost My Job, Defamed from False Sexual Harrassment
    It's what I figured, why make it a bigger mess of it. Funny thing is the that the defamation is probably mutual and her close friends are thinking worse of her too. It's childish matters but thanks for your reply.
  • 12-10-2013, 06:08 AM
    free9man
    Re: Lost My Job, Defamed from False Sexual Harrassment
    Just for future reference: Don't get involved til the ring is off and the papers signed.
  • 12-10-2013, 06:49 AM
    cbg
    Re: Lost My Job, Defamed from False Sexual Harrassment
    FYI - you'd lose a defamation suit.
  • 12-10-2013, 10:11 AM
    Mr. Knowitall
    Re: Fired Due to a False Accusation of Sexual Harassment
    Quote:

    Quoting Def
    View Post
    Also, how would I contact my company to obtain records of chats from me and her to be used in a suit?

    You were using an employer-provided cell phone to send body part photos a married co-worker?

    You know where your company is, so you should know how to contact them. Whether they can recover any of the texts at this point in time is not something we can answer for you. I wouldn't expect them to be interested in performing that task for you.
    Quote:

    Quoting Def
    In the end, do I have a case or should I just bite the bullet?

    The damages you are claiming would appear to be that she accused you of sexual harassment based upon a "he said, she said" version of what happened when you were alone in the car. The problem is, the "he said" version was more than enough to get you fired for "violating company policy". Her report may have precipitated the issue, but at least from what you've shared so far there's no reason to believe that your employer didn't believe your version of events over hers - and fired you anyway.
  • 12-10-2013, 10:13 AM
    gail in georgia
    Re: Lost My Job, Defamed from False Sexual Harrassment
    For heavens sake, you wasted time at work flirting with this woman, talking about sex and touching each other and you wonder why you were fired?

    Gail
  • 12-10-2013, 11:05 AM
    LawResearcherMissy
    Re: Lost My Job, Defamed from False Sexual Harrassment
    Quote:

    Just for future reference: Don't get involved til the ring is off and the papers signed.
    Pffffft. Nevermind that, don't get involved with co-workers.

    Quote:

    For heavens sake, you wasted time at work flirting with this woman, talking about sex and touching each other and you wonder why you were fired?
    I'm surprised management let it go on as long as it did. It was obviously raising a ruckus at work, and employers do not go for that at all.

    OP, you're worried about biting the bullet? Buddy, you just DODGED one. Had another co-worker complained and used the words "hostile work environment" because of your "flirtatious" relationship, you and your paramour could not only BOTH have been canned, but had your employer contesting your UI.

    Work is for work. Office entanglements are bad business.
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