Sexual Harassment - Gray area?
I was terminated by my large company (50,000 employees) two weeks ago because of a sexual harassment claim filed against me. I was a professional person with 19 years experience. an unblemished record, above average reviews, and several recent awards. This incident was also out of character for me.
While I was visiting one of our plants working on a special project, I took one of the two contact woman (the other was on vacation) in the plant out to lunch. During lunch, very little business was discussed. We both talked about many personal issues and traded details of our lives back and forth as two old friends would. Even though I had just met this person, I felt a very personal friendship.
We were away from the plant for a little over an hour. At some point during the meal, I told her that I was flirting with her and asked her if she was flirting with me. She answered positively. When we got back in the car, I paused before starting it and asked her if she would like to go out this evening. She said no, I started the car and drove back to the plant. We separated inside the plant and we each went our separate ways. I thought the meal went well and I might go for lunch with her again.
About two hours after we get back to the plant, I am called into a managers office and asked what had happened at lunch. I was presented with two written documents, one was second hand with many errors and the other was an account written by the woman I supposedly harassed. Although I could not argue the facts, I could argue the intentions and misinterpretations.
I was not allowed to see or speak to my accuser since I last saw her in the hallway just after lunch. I am not in any way her supervisor or anyone else's in that plant. This was my first trip to the plant in my 19 years so I would probably not be seeing here again. My understanding is that the woman started in motion something she could not stop. I believe she did not intend to get anyone fired over this incident.
My question is was this handled legally?
Is there any chance of getting my job back? My immediate bosses several levels up are desperate to have me back on the job as I was a key person.
Is there any chance of getting my severance pay if nothing else?
Answers (1)
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, you may have a claim for your employer's negligent investigation. You may also have a claim for defamation. Sexual harassment is defined as "unwelcome" sexual conduct; it does not appear that anything that occurred was unwelcome. Depending on what was said by the woman you met for lunch, you may have a defamation claim against her. You may also have the same claim against the company if they made public a claim that you engaged in sexual harassment, when you did not and they knew or should have known that you did not.
Whether the employer was negligent in their investigation is a complex analysis that cannot be undertaken with the facts in your question. It does appear, however, that the employer overreacted at a minimum.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Oct 28, 2005 10:38 AM [EST]
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