Sexual harassment suits
are the most common types of workplace lawsuits in the US. Harassment can
happen between employees, between employee, and the employer and among job
aspirants. The most disturbing trend in sexual harassment lawsuits
is false accusations that cause
problems for the defendant and often lead to a waste of resources and
invaluable time.
But some people are
selfish, irrational, and ignorant so they point the finger at someone just
because they may not like someone, they were beat down in a political argument,
they like a different sports team (they called the Patriots cheaters for
instance which they have proven to be), someone is putting up impressive sales
figures and someone else wants to bring them down based on envy, someone never
read the ten commandments and is not even remotely holy, and the list
continues.
According to Memphis,
TN sexual harassment lawyers, here are a few important points for those who are
falsely accused:
- An employer cannot take retaliatory action against someone who has filed a sexual harassment or discrimination lawsuit but if the accusation is false then the complainant will face disciplinary action.
- Sexual harassment is proved false when the witnesses fail to corroborate the victim’s version of the events.
- If harassment is filed simply to annoy or to serve the purpose of vendetta then the lawsuit will not hold in the court of law and some of these scenarios have been aforementioned.
Even though you are
confident that the charges against you are fake, you must not try to defend
yourself in front of your company’s disciplinary board or in court. It would be
prudent to seek assistance from a Western Tennessee sexual harassment attorney
for that purpose.
Can the HR Department do anything to help me?
The HR can extend some
help in mitigating the crisis but its intervention will work as long as the
matter is out of the courts. Unfortunately, if the accuser is able to prove
his/her sexual harassment claim in a court of law then the defendant might have
to pay a heavy price including loss of job or wages, demotion, and loss of
face. On top of that you might have to pay damages to the accuser as a result
of a trumped-up charge that your brought into the open and initiated.
If you face false allegations of
sexual harassment then to protect
yourself you must file a counter lawsuit to claim damages for the loss of your
reputation, financial position, and public humiliation. Make sure to contact a
legal representative as soon as you realize you are about to be dragged in a
legal battle.
In sexual harassment
lawsuits you first have to file a petition with a government agency. You can
file a lawsuit after the agency has concluded the investigation. You must
follow all the legal procedures properly, which is best achieved with the help
of a Western Tennessee sexual harassment lawyer.
What can I do to improve my defense against a false charge?
You should start to
gather evidence that might help prove your innocence which is pretty much
self-explanatory. This include all correspondence, text messages, videos,
recorded conversations, and other related documents, which must be handed to
your legal counselor to prepare your defense.
The defendant must try
to prove that the accuser did not show any disapproval of his/her conduct.
Moreover, you can try to prove that the plaintiff also willingly participated
in acts such as flirting or touching and that the plaintiff actually
reciprocated in some form.
Most state laws require
legal professionals to prove intent to use sexual gestures such as touching or
brushing against a person in order to fulfill a sexual urge. If the plaintiff’s
litigator fails to prove intent then there are chances of being acquitted.
It is important to give
your side of the story to your employer and convince them of your innocence
before the matter reaches court as soon as you learn about the allegation. Your
employer must take steps to stop any further legal hassles.
In most sexual harassment
cases the employer is named as a defendant along with the harasser or so-called
harasser. The employer too becomes vulnerable to penalties and damages. You
must therefore attempt to provide evidence to prove your innocence to your
employer so that the employer speaks on your behalf in case of a legal dispute.
If the employer supports you then you can gain the jury’s support and your Memphis,
TN sexual harassment lawyer will be working with you and fighting for your
career.
A website that is now your new BFF
If you are in sexual
harassment storm at work and you want your name brought up from the ashes, you
need to utilize this website: http://sexual-harassment-lawyers.usattorneys.com/tennessee/.
The world may seem to be against you but it is not. There are some people in
the office or organization that will support you but you need legal help and
you need to take the pain to the other side. It will require patience and
mental fortitude but using this outstanding digital resource you can find the
legal professional that will help you get back to the point where you left off.
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