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I have been falsely accused of sexual harrassment and I’m not sure what to do.

Discussion in 'General Support and Advice' started by bayslap, Aug 12, 2018.

  1. bayslap

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    All my coworkers are female and I’m the only dude there. This new person just got hired and has been sharing too much personal information about herself. We share one office space, which means we’re always there alone. Mind you, I’m not out to anyone and this person thinks I’m straight. Anyway, this new person has accused me of sexual assault and everyone believes her. I didn’t do a damn thing to her. What do I do?
     
  2. smurf

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    What is she accusing you of doing? What did she say you did for her to feel that way?
     
    #2 smurf, Aug 12, 2018
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  3. bayslap

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    She said that I was following her around and that I put my hands around her. So not true. Everyone thinks I did it. I’m scared to go to work tomorrow because of this lie.
     
  4. Chip

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    This is an incredibly difficult situation to be in, and I really feel for you. What I might do - which is risky, because unfortunately, there's an inherent bias against men -- is to go to the HR department (or designated HR person if the company is too small to have an HR department) and report the situation yourself. I would suggest that you disclose to HR that you are gay, but not out, as it will further support your position. And ask that HR immediately handle it.

    Hopefully the other people in your office know who you are and will eventually stand up for you. What you may have is, unfortunately, an opportunistic asshole who takes a job for the sole purpose of creating a bogus sexual harassment charge to basically extort money out of the company. If your company is good at what it does, they will investigate this and see if there are other instances of this with previous employers.

    I'm so sorry you're having to go through this. Keep us informed.
     
    #4 Chip, Aug 12, 2018
    Last edited: Aug 12, 2018
  5. bayslap

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    Thank you for your advice and support. I will talk to HR tomorrow morning.
     
  6. D Artagnan

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    @bayslap Has she already made a formal complaint against you with the company? If she has, I recommend calling an attorney immediately and not going to HR until after you've talked to an attorney and see what they say. I also not recommend that you not 'come out' as it will likely backfire and most people will believe that you are saying that just to avoid prosecution. Companies will not look into the new employee's history to see if she's done this before. They are going to want this over with as quick as possible....which means terminating you and possibly reporting it to the police since, according to your post, she accusing you of sexual assault vs sexual harassment.
     
  7. Chip

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    Um, I don't know what your experience in these issues is, plainoldme, but mine is based directly on a case where something similar happened. I was a senior executive who was handed the responsibility of dealing with such an incident with two of our employees. The law firm I retained to address the issue specialized in employment law matters, and what I described above was basically the scenario most commonly described by the lead legal counsel at that law firm. And yes, companies *do* investigate whether there is a history of such behaviors as it is then pretty much a slam-dunk to get the case dismissed.

    While it is true that the company will want to handle the issue as quickly as possible, they will also want to investigate and look at their exposure on both sides, as they could easily make matters worse if they aren't careful. In a situation where a company has employed someone for several years with no prior reported incidents of any inappropriate behavior, and a sudden new hire makes an accusation out of left field, combined with inappropriate boundaries, it's going to be pretty obvious what's going on to anyone with a brain, and taking action against the accused employee will actually yield a second lawsuit.

    I do agree that speaking with an attorney -- specifically, one who specializes in employment law -- is a wise choice. However, good employment attorneys in most parts of the country are upwards of $350/hour, and usually require a retainer, so my assumption was that the OP could probably not afford that.

    So... unless you have some level of experience that you haven't disclosed here, I'd be a bit cautious about the advice you are offering up.
     
  8. bayslap

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    I went to talk to HR. I explained myself to them and they let me go back to work. Things are awkward in the office. No one is talking to me and it’s very tense. I’m going to quit tomorrow. I can’t take the anxiety anymore.
     
  9. Hardright

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    Quitting just may be the worst thing you could do. Everyone who doubts you now is going to be convinced that you are guilty. I don't know what your industry is like but in my experience accusations like this will follow a person around. Maybe not directly, but through the rumor mill and such. I would suggest sticking it out and adamantly defending yourself and your reputation. I would also recommend retaining an attorney if you can afford one. You need to protect yourself, your career, and your professional reputation. I would also consider legal recourse against this woman.
     
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  10. CentFLGuy

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    Please do not allow someone's life to make you quit. There are way too many people out there doing this to others and it needs to stop. Yes, it will betough, but you will be stronger for it. Yiu certainly would have the support of the people on here. I too would retain an attorney if at all possible and seek legal recourse. If this individual is doing this now...the pattern will likely continue.
     
  11. Chip

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    I would say wait a few days before you quit. It's at its worst now, and before too long, something will give. You may eventually decide this isn't the place for you, but I think if you hold out a bit you might feel differently.

    You can't change how people react, but you can change how you handle people's reactions. You can choose to not let it get to you and simply continue doing your job. Not the easiest, but definitely possible. And it would be a whole lot better if HR comes out and things are vindicated. If not... you can always go elsewhere.
     
  12. DRobs

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    Have you figured out who the biggest gossip in the office is yet?
    Let that person know you are gay, within a matter of hours, the whole office will know you are gay.
     
  13. bayslap

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    It’s been a few days and I’m still working there. I hired a lawyer and am going over my options. Hints aren’t looking too good, but I’m hanging in there.
     
  14. Chip

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    I'm sorry things aren't going well. Please keep us in the loop. It really sucks that you've had to hire legal help, but hopefully that will ultimately help resolve your situation in a positive way.
     
  15. Bernice

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    I say hang in there. You are in the right here and its unfair that you should have to quit in these circumstances and allowing this woman to win. It may be awful with how co workers are treating you right now, trust me I've been there, but when the truth comes out you will find they will soon change their attitude towards you.
     
  16. bayslap

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    I feel comfort knowing that I have your support. Thank you.