What can I do if I’m being threatened with termination for sexual harassment?

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What can I do if I’m being threatened with termination for sexual harassment?

Today I was pulled into the office with my GM and my supposed local HR person. I was told that someone complained about a conversation that took place last week sometime during either one of my breaks or during my lunch. No specifics were given to me and I have no clue what they are referring to as I tend to keep to a very small group of friends at work and they all got pulled in for the same thing except we were all told different stories.

Asked on August 23, 2011 California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You may not have much you can do. If you don't have an employment contract, you are most likely an employee at will (in CA, sometimes an employee even without a contract is found to not be an employee at will; it depends on the circumstances, what is said in any employee handbooks or other documents, etc.) If you are employee at will, you may be fired for any reason, even a mistaken one, at any time. Even if you are not an employee at will, if the employer has reason to think you committed some offense--such as harassing someone else---they likely can fire you. So if you are fired, it may well be that the employer has done nothing wrong. If you are fired, it would be worth consulting with an employment attorney, who can evaluate all the circumstances in detail, but you need to be prepared that you might not have recourse.


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