Inglewood, CA asked in Civil Rights, Employment Law and Sexual Harassment for California

Q: False sexual harrasment accusation & Human Resources trying to fire me ? For a irrelevant case ?

A girl went to Human Resources and told them that I left my students alone. (It was for less than a minute ) I was multitasking and my door was open. I was less than 10 feet away. Of course, HR may want to potentionally fire me for this. But my manager already gave me a warning for it. So why am I going to get punished TWICE ?? ? I told HR she put her hands on a student. They said “ the manager already dealt with it “ whats the difference between her and I ? Also , this same girl brought up false sexual harrasment accusations. I’m a fem lesbian. I told her I wasn’t interested , etc. she is trying to ruin my name. I’m on administrative leave during investigation. They were text. One guy from HR already said it wasn’t sexual harrasment. Can she get in trouble for everything I’m being put through cause of her. My mental health has been so down. I’ve been nauseous. It’s been triggering my actual memory of surviving sexual abuse at a young age.

1 Lawyer Answer

Neil Pedersen

Answered
  • Irvine, CA
  • Licensed in California

A: I am sorry this is happening to you. Far more would need to be known about your situation before you could get reliable advice upon which you can govern your actions. Generally, in California you are considered to be an at will employee and your employer is allowed to discipline or terminate you at any time and for any reason or even for no reason at all. The employer is allowed to rely upon any information it receives to make such a decision, whether or not it is reliable. The same is true about claims of sexual harassment. The employer has no obligation to determine if the complaint about you is truthful or not. You can be disciplined or terminated simply for having a complaint made against you.

Whether or not this other person can get into trouble depends on what the employer wants to do. The employer can discipline or terminate her at any time and for any reason if the employer wishes.

If you face disabling conditions arising out of workplace issues, you should consider seeking a confidential consultation with a workers compensation attorney. If you believe you have been sexually harassed, you should report it to the employer, and if the harassment continues, or you face retaliation for reporting it, it would be wise to locate and consult with an employment law attorney.

Good luck to you.

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