Norwich, NY asked in Sexual Harassment for New York

Q: How can my son clear his name from a sexual harassment write up at work?

A young woman made accusations against him. My son insists the accusations were fabricated. No police were involved. My son was not allowed to tell his side of the story to the manager, he was not listened to, just written up. How should my son deal with this?

This question INCORRECTLY got listed as from Norwich,NY. It is from CANDOR, New York.

Related Topics:
2 Lawyer Answers
V. Jonas Urba
V. Jonas Urba
Answered
  • New York, NY
  • Licensed in New York

A: Since your son was written up was he asked to sign something? If yes, did he write down that he disagreed with the young woman's allegations? He should always do that.

Is he on some type of performance plan or corrective action plan? If yes he should consult an employment lawyer immediately! If his employee handbook states that he only has X strikes and he's out he needs to be on best behavior.

He definitely needs to stay clear of the young woman and all of her friends or acquaintances.

The young woman may still go to the police. If she requests an order of protection your son needs to hire a lawyer immediately! He should not handle any potential protective order which is not just for spouses by himself. He will need a lawyer.

Finally, if your son is romantically involved with anyone at work that has to stop ASAP and he certainly knows why now. Worst idea that many employees pursue regardless is dating or hooking up at work.

Easiest way for an employer to fire employees today:

1) Check their employment application for anything that is not the full truth

2) Check social media like Facebook to see whether similar conduct appears on social media

3) Talk to other employees who may have experienced similar behavior by the employee

4) Talk to an employee who may have been formerly romantically involved with another employee and if they had a bad experience they will almost always freely share with the employer.

Has he googled his name? Anything negative, potentially violent, sexist, etc.... come up? He certainly has never posted anything negative anywhere about any employer correct?

Has he checked his text messages? Hopefully he never texted this young woman because if he did..............

If any of the above produces anything that might be negative he should stop all of it - yesterday.

Good luck.

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in New York

A: I recommend he contact an attorney to preserve his rights at work and try to prevent a lawsuit or criminal charges.

See: http://www.aeesq.com/business-law/employment-lawyer/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.