My friend was accused of sexual harassment?

Question

I have a friend who has been accused of sexual harrassment. He believes that he has been falsly accused. He works at a national chain home improvement store. So far, he has been interviewed and told of the accusations, he made a statement, but his HR director told him not to discuss this matter with anybody or he would be terminated immediatly.

So here is the question part- They won't tell him who has accused him while the investigation is ongoing. Is there a way that he can find out? Will he find out when the matter is settled? If he is terminated do they have to give him any specifics?
I guess the basic question I'm asking is- does a person who is accused of sexual harrassment have any rights?

Answer 1

While the investigation is going on, they CANNOT tell him who is his accuser. This would violate the rights of the accuser to privacy. In fact, he many never know who his accuser is. If he is terminated for this, they will probably elaborate on the details of the accusation. He also should not discuss this matter with anyone at work. The HR director may wish to gather statements from others who work with him and his accuser to see if his story or the accuser's story makes more sense and is more believable. Sexual harassment, or even allegations of sexual harassment, are taken very seriously by most companies and organizations. If he is eventually terminated and he believes that he has been unjustly accused, he should contact a lawyer immediately to pursue legal action. Until he is terminated, I would let HR finish their investigation and make their decision.

Answer 2

In most cases, the employer could just let someone go because they were accused, if the "victim" is under 18 they do not have to tell him who it was unless it becomes a court issue. If there is no proof of the sexual harassment, then the company would not make a big deal of the issue. Of course they have to cover their ***, but... if there is proof your friend will be put on leave, or terminated immediately.

He has the right to not be obsessive and let a corporation handle the matter until he needs to be involved. Im not sure why someone would say that though unless it were true

Answer 3

If his behavior is such that there are multiple possible accusers, then perhaps he needs to take a look in the mirror. Whatever the accusations were, if they are considered objectionable enough to warrant an investigation, and he behaves this way with everybody and so he has no idea who might have complained, he probably has a problem.

If the accusations are out of line, he should easily be able to recall th interaction and offer some rationale for the "misunderstanding".

Answer 4

Absolutely they have rights. What the company is doing is interviewing the parties involved to see if there is an merit to the accusation. He should listen to what his HR director told him. He CANNOT be fired without an explination, and without facing his accuser. If the company did this, he could sue them. He has every right that anyone else in our society has. His best bet is to not discuss it with anyone, especially at work, and to wait until something changes. They didn't tell him who the person ways because they are afraid of intimidation tactics that may be used against them.

Answer 5

Yes, accuseds have rights, but these rights differ according to jurisdiction. In Canada, for instance, employment law is a provincial matter, though federal and const'l provisions may also apply depending on the circs. It's similar in the U.S., though the differences between states are frequently much greater.

It's most important that your friend obtain legal counsel in this matter RIGHT NOW! HR reps as employees of the company owe their loyalty to the company, NOT to individual employees. Frequently, in our experience, HR reps fail to make this position clear until it's too late for the accused to lob an effective defense.

Sexual harassment is indeed a serious matter requiring immediate attention by a qualified attorney. Run don't walk to the law society's web site in your state to find the lawyer referral service and how it works. Some jurisdictions allow specialization in certain areas of practice, such as family or employment law. Law societies regulate the practice of law in each jurisdiction. Don't be shy. Have your friend call them today to find out how s/he should comport himself in the workplace subsequent to the complaint.

Answer 6

No the person who is accused is pretty S.O.L (Sh*t Out Of Luck). He needs to document everything and it woudl be advisable for him to consult a lawyer. If he is being accused, he does have the right to legal councel. That is one person he can discuss things with and his H.R. Director had best tread lightly around that. Firing him because of hiring legal councel (discussing the sexual discirimination with someone) is a crime and prosecutable.

Answer 7

Yes he does and in due time after the investigation is over he will be given all the facts and be given a chance to explain his side of the story and present any evidence or proof or witnesses in rebuttal. Remember in our country the law is innocent until proven guilty and not the other way around.

Answer 8

You have a right to know your accuser. They might be able to get away with not letting him know while investigating but they do have to let him know.

I do agree that he should probably at least talk to a lawyer and get things ready, just in case.

Answer 9

He needs to talk to a lawyer ASAP ! Yes, he does have rights. And if he has done nothing wrong, he can sue the person in a small claims court. He can also sue his employer for wrongful discharge.

Answer 10

of course he does, they have to tell what actually was said so that he can defend himself, they can't just accuse him without a fair trial.