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  1. #1
    Join Date
    Aug 2010
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    2

    Default False Sexual Harassment Claim

    My question involves labor and employment law for the state of: New York.

    Hello, I am a new (young) member of this forum. A pleasure to meet you all.

    To begin, I've combed through the pre-existing threads to get information about my issue, and while they have been enlightening I would still feel more comfortable with more direct observation.

    The scenario goes thusly:

    Approximately a month and a half a go I was hired at a Tim Hortons here in New York. This particular location is staffed by 4 people including myself, and is located within a supermarket. For the time I have been there I have enjoyed the work and haven't had any issues, but recently that seems to have changed.

    Last week I was accused of sexual harassment by 2 (female) employees at the supermarket and sent home. I was to be told the results of the pending investigation yesterday (Sunday), but the manager who was to do so abruptly went on vacation. I will therefore not hear the results for a few more days.

    This supermarket is unionized, and they refuse to tell me who my accusers are, the specifics of what happened or any other information of use. To be clear, I have wracked my brain and can't think of anything I have done that could be considered even close to creating a "hostile" environment. I make no sexual advances towards anyone, nor do I have any interest in them beyond a distant work relationship.

    My manager has been able to tell me some limited facts:

    - The alleged activity occurred more when I was off-duty.

    - My manager mentioned that I allegedly said "Hey sexy", which I do admit to saying before I was hired to a cashier- one time. As well as once to a girl I have known for over a year and have a working friendship with, where such comments are nothing amiss. In neither of these cases have I said it as anything more than a teasing introduction and there were no further comments of such a nature.

    - In addition, the supermarket is conducting the investigation, not my employer. Tim Hortons is just as lost as I am and is only seeking to gauge my potential risk.

    So my questions are thusly:

    1.) How would you handle this situation?

    2.) What are my chances of being terminated?

    3.) Is there any viable way to defend myself?

  2. #2
    Join Date
    Dec 2009
    Location
    Lake Chapala
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    3,043

    Default Re: False Sexual Harassment Claim

    Please note, employers are not legally required to tell alleged harassers in their employ who their accusers are.

    I recommend you wait until your employer has more information for you before you start trying to defend yourself.

    I can't give you any odds on whether or not you'll be fired, that's completely up to your employer, and given that I'm not a psychic, I have no idea whatsoever what your employer intends to do about this (or if your employer has even formed any intentions). I can say that your employer could legally fire you for saying "hey sexy" to a coworker even if she asked you to say it, and didn't complain when you did so. So your employer is certainly within its legal rights to fire you over this - whether it will or not can only be answered by a psychic at this point.

    Finally, going forward don't ever say "hey sexy" to anyone other than your wife, and if she tells you to stop, then do so immediately.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: False Sexual Harassment Claim

    You admit to saying "hey, sexy" to a co-worker before you took the job, while it's possible that she remembers the comment as being made after; and you admit to a large number of similar comments to a "friend" who may also be reporting your comments as sexual harassment even though you thought nothing was amiss, or you have done this in front of the other female workers and one or both of them find it to be demeaning and to create a hostile work environment?

    Depending upon what you were saying to your friend, the context, and how she actually reacted (i.e., is she one of the people complaining), I could easily see an employer firing you to prevent a sexual harassment / hostile work environment claim. Your best way to "defend" yourself is to keep your sexual banter out of the workplace, even if the target is a friend.

  4. #4
    Join Date
    Aug 2010
    Posts
    2

    Default Re: False Sexual Harassment Claim

    Thank you for the response. To clarify, I had said the comment to my friend only once as well, and I don't have sexual banter with her. I was merely describing the nature of our relationship: that we're comfortable and isn't the type to take offense to something of the sort.

  5. #5
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: False Sexual Harassment Claim

    the simple phrase could be interpreted as being sexual in nature. But we are sexual beings so we do behave as such. I dont see anything wrong with what you said. And your HR dept should not either. If the person does not want you to continue saying "hello sexy" then she should have said something right away to you so that you could modify your contact behavior (if continued then yes it would be an issue).

    Sexual harassment is just that, harassment, not just friendly banter.

    If fired, you are likely better off .. who would want to work for a company that goes overboard on such matters.

    The girls who filed this frivolous claim should be fired, if the facts you stated are factual. As a manager I have little tolerance for such unfounded claims being made.

    Many people meet their mate at work ... duh.

    Even touching may not be considered as sexual harassment w/o notice that it was.

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