Q: What type an attorney do I need? Does my company have any liability? Can I countersue for defamation? Who can help me?
My company is being named in an lawsuit. Person A who's role was a mgr (not employee) of my company transferred from Independent Contractors' personal email/computer a video with sexual content to his personal email; never associated with the business. IC found out called the police and the computer was taken to the police and deleted. IC contacted me at a later point to inform me of the incident. Mgr was removed immediately. IC stated they wanted to stay w/ the company; we would discuss later. When later came IC never responded. IC was released from the company after no communication after 10 days. IC had just started; received no income. Person is now claiming sexual harassment.
First, you should tender defense of the claim to your insurance company. Hopefully, you have employment practices liability insurance as part of your general liability insurance.
Second, your decision to terminate the IC may be considered retaliation for the complaint. The facts are unclear.
Third, there is likely an issue that the independent contractor was misclassified and should be an employee. There may also be unpaid wages.
Finally, you should have a confidential consultation with an employment attorney. This message board is an educational forum, which is not protected by the attorney client privilege.
1 user found this answer helpful
Unfortunately your post is not entirely clear about what your complaint is about. Are you saying someone is accusing you of sexual harassment? If so, such a complaint is considered protected activity and it is likely not a situation where you can sue for defamation, given the privileges associated with that protected activity.
Because your situation seems to be more complicated than can be addressed in a short question and short answer site like this, it would be wise for you to locate and consult with an employment law attorney.
Good luck to you.
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