If I’ve been accused of sexual harassment, can my company limit my rights to a attorney?
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If I’ve been accused of sexual harassment, can my company limit my rights to a attorney?
My boss and his boss said, “If you speak to anyone other than me and XXX and HR in regards of this matter, you will be terminated immediately due to the confidentiality of the matter”. Are they limiting my rights to seek an employment lawyer about my case and is this legal? Should I seek an attorney and discuss what has been said to me?
Asked on November 30, 2011 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The law protects the people who file or make a complaint of sexual harassment--it does not, however, protect the people accused of sexual harassment, at least inasmuch as the law does not prevent employers from putting restrictions upon or taking action against those who are so accused. The company may restrict who you can communicate with in regards to this matter, on pain of termination, and otherwise make the matter confidential.
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