I was cleared of charges that I harassed a co-worker. The case was cleared by our HR, board members and Hr consulting firm. But knowing this worker she most likely will not let it go. What are my rights. I really don't want to be on pins and needles for t

A worker told staff on her way out the door "don't forget I'm not here tomorrow." She in fact did not tell her co-workers of the day off. As assistant director I sent out an email to all staff to remind them to communicate their approved their days off with co-workers prior to being off. She filled an harassment charge against me with our employer, that the email targeted her and embarrassed her. The allegation was cleared. A unanimous decision by HR, our board and Hr consultant. I received a letter telling me of the cleared charges, and that Kim can pursue the case further and that should not be considered harassment. I really just don't want to be on pins and needles. The resolution of this took 3 months. I can't imagine being tortured longer.

1 answer  |  asked Mar 9, 2017 5:17 PM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
What are your rights? Your day in court is one.

Are you asking whether you can sue this employee for defamation of character? Did you suffer economic damages? Caused by her? That you can prove?

If she sues you a defense may be frivolous lawsuit with a request for attorneys' fees although fees are not commonly granted.

Retain counsel. Secure documents related to the incident to prove it applied to everyone and not directed to her. If your lawyer recommends have the lawyer draft affidavits for witnesses. I guess you can retain counsel and begin preparing your defense for when she sues you if you believe she will.

Whatever you do you should not retaliate and you should follow your own lawyer's advice closely. Good luck.

posted by V Jonas Urba  |  Mar 9, 2017 7:16 PM [EST]

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