Chicago, IL asked in Sexual Harassment and Employment Law for Illinois

Q: Accused of harassment, investigating in-house, no legal action yet. Next steps?

I have been accused of harassment, with claims that I said something inappropriate to the accuser. However, I did not say what they claim, and I do not know who the accuser is. The matter is currently being investigated in-house, with no legal proceedings in place yet. What should I do now?

2 Lawyer Answers

A: Do not agree to be interrogated without representation.

If you have been accused of saying something and you know that you did not say it, then you know exactly what you are accused of saying. Usually, there are a limited number of people to whom the comment could have been addressed. This may turn out to be nothing in which case it should serve as a lesson to be more careful. Nobody wants to be a victim. Nobody is going to allege you made a comment that constituted sexual harassment unless that is how they understood it or misunderstood it. There is nothing in it for them. All of this is to say that you must take the process seriously. All

If you do need to engage counsel, Tell the attorney anything that you said or may have said that could have been misheard or misinterpreted to be the phrase that you are alleged to have said. Remember that you can never guarantee an outcome but lying to your attorney or withholding anything from your attorney is the closest you can get to guaranteeing a bad outcome. Good luck

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Answered

A: First, it’s important to stay calm and cooperate with the internal investigation. Even though you may not know the identity of the accuser or the details of the claim, it's essential to be as transparent as possible. If you haven’t already, write down everything you remember about the incident, including your interactions with the accuser, the context, and any potential witnesses. This will help you keep track of the facts and provide a clear account when you are asked for your side.

While the investigation is ongoing, avoid discussing the matter with colleagues to prevent any further complications or misunderstandings. Any comments you make could be misinterpreted or used against you later. If you're allowed to, consider requesting a meeting with the person conducting the investigation to clarify your position and provide your side of the story.

If the internal investigation doesn’t resolve the issue to your satisfaction, and if you face any disciplinary action or legal threats later, it might be a good idea to consult with a legal professional. They can help guide you through your rights and any next steps if the situation escalates. Keep a record of all communications related to the investigation, as it will be useful if you need legal advice down the road.

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