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A subordinate manager was terminated for poor job performance and now has accused me of asking her for sexual favors.

Saint Petersburg, FL |

I was hired by the Franchisee of a local QSR group to get his restaurants back to operating standards and profitability. One of the asst managers was let go about three weeks into the process for cause, she just flat out refused to be a part of the team and wanted to do her own thing. About a week after she was let go we got a letter from the EEOC claiming that I asked for sexual favors in return for her job security. I have an excellent reputation in the Tampa area and don't want it questioned by this misguided individual. I'm seeking some advice as I look to protect my reputation, I will gladly take and pay for a polygraph if it would be helpful.
Thank you

Attorney Answers 5


  1. The franchise should hire an attorney to defend the franchise. That attorney may or may not also protect you. Polygraph results are not admissible in court under the Frye or Daubert standards. Yiu should consider hiring an attorney.

    I'm a Florida personal injury, criminal defense, and federal civil rights lawyer. If you have personal injury, criminal defense or federal civil rights case and are interested in my services, then please go to my Avvo profile to email or call me. I cannot contact you. Until you sign a contract with me, I'm not your lawyer, and you should not rely upon Avvo for any legal advice except to consult with an attorney. That's always good advice.


  2. You really should at the very least consult with an attorney about this. Do not take a polygraph test, don't even think about it.

    R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.


  3. This is a civil law question but this is a criminal law forum.

    The information provided is not legal advice from Criminal Defense Lawyer Albert Quirantes, or the Ticket Law Center in Miami, Florida. There is no attorney client privilege created in this communication. Do not send questions which are confidential in nature by either this venue or via email. Personal questions should be asked in person or via telephonic conference only. You should only ask theoretical questions of a general nature.


  4. As I read your post, you are asking whether there is some way to shut down or opt out of this investigation of a baseless allegation. The answer to that question is "no." Once the report is made, absent a withdrawal of the claim and allegation by the complainant, the accused person has no ability to simply shut the process down with a denial. It isn't clear from your post whether you are an employee or contractor for the franchisee. If an employee, your employer should engage counsel and defend here. If you are a contractor, you should tender notice of the accusation to your liability carrier.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship set forth in a written document executed by the client and by me or a member of my firm. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. I can give advice, make recommendations and answer specific questions only after reviewing the evidence and documents applicable to a specific client and following a personal meeting in my office in which the relevant facts can be developed and analyzed. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.


  5. Generally speaking, you do not have recourse to recover damages because someone has named you in a sexual harassment EEOC Charge. With regard to your exposure for liablility, anindividual employed by a corporate employer has no liability under Title VII. You might, however, have some personal exposure under Florida law. You would be well served to engage competent emplopyment law counsel to sort out your options.

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