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What to Do if You are Wrongfully Accused of Harassment

This is a discussion on What to Do if You are Wrongfully Accused of Harassment within the Discrimination and Sexual Harassment forums, part of the Employment Law Forums category; Various employment laws in the context of sexual harassment have provided sufficient standards in protecting employees against workplace harassment. Most laws have defined the scope, application, coverage and the prohibited acts covered under the protective mantle of sexual harassment laws. These laws have safeguarded the rights of both the accuser ...


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Old 05-07-2008, 04:02 PM
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Default What to Do if You are Wrongfully Accused of Harassment

Various employment laws in the context of sexual harassment have provided sufficient standards in protecting employees against workplace harassment.

Most laws have defined the scope, application, coverage and the prohibited acts covered under the protective mantle of sexual harassment laws. These laws have safeguarded the rights of both the accuser and the harasser.

However, it is not always easy to delineate the exact parameters of protection given to the accused harasser in the context of our sexual harassment laws.

One may ask what to do if you are wrongfully accused of sexual harassment.

1. It is of utmost importance, to be aware of sexual harassment laws and precedents when dealing with this sensitive topic in the workplace. To have a much more relevant appreciation of the law, confer with an employment lawyer.

2. To know your rights: A synopsis:

' Likewise, your right to be free from discrimination or harassment

' To a thorough investigation

' For a good faith basis, in reference to taking adverse employment action

' To be free from defamation and other arbitrary form of treatment

' To have a counsel, when things would go astray

3. When you have been formally accused or at least have a slight indication, hire an experienced employment attorney to defend your rights. This is a good way to start in your defense.

An expert employment lawyer who has keen knowledge with the various employment laws and sexual harassment laws as well as the underlying procedure in it would be best to consider.

4. When you have been investigated as per company policy, insist on a thorough investigation. In this respect, a detailed account of the surrounding facts would be appreciated and considered.

5. In line with the investigation, assert an independent (external) investigation.

6. Do not forget to seasonably object to any fishing expedition of evidence that would put you in disadvantage. Always stay on guard with your rights so that as mush as practicable, the whims, caprices and biases of the investigating panel would be prevented.

7. Always update yourself of the result of the investigation. Be proactive in defense of your rights. In this, always ask to view the evidence gathered or other supporting evidence in the sexual harassment charge. This would help you prepare for your defense and ventilate the issues that have bearing with your case.

8. Always ask for full disclosure of the result of the investigation so that you can be certain that no material evidence was suppressed.

9. Do not sleep with your rights. That means, always be mindful with the legal battle ahead.

On top of all that, in every step of the way, do not forget to confer with an employment attorney.

An employment attorney would be mindful with your cause and would readily secure justice right when you need it.
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