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Bias in the investigation of sexual harassment charges

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  • 05-03-2005, 03:02 PM
    Asmosis
    Bias in the investigation of sexual harassment charges
    Ok, I'm not asking for advice, I just want to know what my rights are as an employee.

    The Background:

    There is a female co-worker who I used to work with on my shift, she recently left for another position on another shift. I have been trying to get on this shift for a couple of months for personal reasons, and I was finally awarded a position starting next week. She has a best friend who also applied for the job and didn't get it. So she played this card:

    "I'm not comfortable working with him"

    Now let me fill you in on why she said this: Back when we worked together, I asked her to hang out once or twice (as a friend, I have never had any interest in her in any other way, and this is very confusing), once I also tailed her a couple blocks to one of our mutual friends house (to say hi, I do it with my other friends, they do it with me, its nothing odd), and she has used both these cards. I am friends with everyone I work with, and my intention here was no different.

    She has taken this all the way to the General Manager of my department, as well as Human Resources. And I have been advised to stay quiet and get to know my rights. I know I can win this because I never stepped over the line in any way, and I feel I have been slandered and my character has been defamed just so her buddy can get on her shift. (She has pulled shit like this before to sway things in her favour)

    What are my rights as an employee? What are my options when it comes to HR, as I feel severely offended, I think I have some basis somewhere to launch a complaint about it.
  • 05-03-2005, 04:09 PM
    aaron
    Accused of Sexual Harassment at Work
    If you are concerned that the accusation won't be resolved in your favor, you should consult a plaintiff-side employment lawyer in your state about your situation, and discuss what you can do to protect yourself.
  • 05-05-2005, 01:44 AM
    Asmosis
    I've won, it was found in my favour easily. However, I am not satisfied with the outcome in the sense that statements were made by the opposing party that was not true, and proven not true, I was slandered, and back-talked to everyone in the building. Written statement were made that were very incredible lies. I work for a very large company, and HR is a very important part of my company. I want to launch a formal complaint against the opposing party. I havn't been able to sleep for 2 weeks, and I need some level of justice. I don't make a lot of money and can't afford to hire a lawyer (I don't need to, I won) but I have HR waiting for an official response from me, and if I wish to "counter-claim" and I do indeed wish to. What can I say to them?
  • 05-05-2005, 07:40 AM
    aaron
    Problem with Co-Worker
    Most plaintiff-side employment lawyers will provide a free initial consultation, and would do any work on a contingent fee basis. And even if you have to pay for an hour or two of time to make sure that your interests are protected, it's probably better than doing something which detrimentally affects your job.

    With the complaint resolved in your favor, as you seem to note, you can either let the matter drop or file the counter-claim. I just happen to think that you would benefit from consulting with somebody who is intimately familiar with your state's labor and employment laws when choosing how to proceed.
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