I was falsely accussed of Sexual Harassment
I was falsely accused of sexual harassment due to a phone call I had with a supervisor asking for advise about whether or not I should write up one of my employees who was displaying rude/unprofessional behavior. I told my supervisor that I thought this behavior was stemming from her home situation in which her mother was involved in a lesbian relationship which was not going well. I never wrote the employee up, nor did I ever discuss anything with her pertaining to this situation. She is not even aware that I knew about her mothers sexual orientation.
3 answers | asked Jul 12, 2010 07:14 AM [EST] in Harassment | applies to New YorkAnswers (3)
I think that is an excellent idea, Mr. Upton. Great advice. That will timely preserve your objection to the accusation and memorialize exactly what did happen in the event they try to use it against you in the future.
Jeannie Valentine
www.hudsonvalleyemploymentlaw.com
posted by Jeanne M. Valentine | Jul 12, 2010 9:04 PM [EST]
Jeannie Valentine
www.hudsonvalleyemploymentlaw.com
posted by Jeanne M. Valentine | Jul 12, 2010 9:04 PM [EST]
I would only add to ms. Valentine's comment that it might be useful for an attorney to write the employer to explain the several ways in which your statements were not sexual harassment and request that the reference to that in your employment file be removed. Unfortunately the person to do so can't really be me as I am tra eking for the next three weeks. What do you say Ms. Valentine?
John Upton
posted by John Upton | Jul 12, 2010 6:03 PM [EST]
John Upton
posted by John Upton | Jul 12, 2010 6:03 PM [EST]
What happened? Were you fired? Written up? Demoted? If there was simply an accusation, there really isn't anything you can do except explain yourself. Did it matter that the mother's relationship was homosexual, or would you have presumed the employee's unprofessional behavior was the result of the mother's personal issues regardless of the type? Just because you used the word "lesbian" shouldn't matter unless you targeted the poor employee BECAUSE of his or her perceived sexual orientation. Wish I could be of more help. Good luck.
Jeannie Valentine
www.hudsonvalleyemploymentlaw.com
posted by Jeanne M. Valentine | Jul 12, 2010 11:53 AM [EST]
Jeannie Valentine
www.hudsonvalleyemploymentlaw.com
posted by Jeanne M. Valentine | Jul 12, 2010 11:53 AM [EST]
