Skip to main content

Can I counter sue on a sexual harassment charge that turns out to be a retaliation and false in nature.

Irwin, PA |

I was having an affair with a co worker for over 18 months. We ended the relationship and became hostile with each other. I wrote her up on a verbal abuse charge and she retaliated with charges of sexual harassment. The points she bought up were the fun times we had together. She turned them around and accused me of inviting the sexual behaviors which she claims she was never a part of. I have been fired and labeled as a stalker. She denies a relationship ever happened. She used our sexually explicit texts and made it one sided for the management to assume I was chasing after her. The company never showed me the texts or asked me to provide proof with my texts. She has spread rumors around the company of how I was stalking her. I have lost everything to false claims.

Attorney Answers 3


You've raised a number of issues. With respect to the company where you worked, you could certainly file an employment complaint and claim that you were wrongfully terminated for sexual harassment that never occurred. This might be more difficult, however, if you were an at-will employee, or if the company has a strict no-dating policy (as I suspect, given that no one else in your company seems to know about your 18-month relationship.)

From what you've said, it sounds like you have a considerably stronger defamation claim. You could probably sue both your former co-worker/girlfriend and the company. A victory there wouldn't get you your job back, but it might help remove some of the stigma you are feeling now and, also, pay some bills until you get back on your feet.

My comments are provided for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications through Avvo should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Lawyers are licensed to practice on a state by state basis; do not act on information contained on this website without first speaking to an attorney licensed to practice in your state.

Mark as helpful

1 found this helpful

3 lawyers agree


I obviously cannot advise you about PA employment law, however, the picture you paint , strongy suggests the need for at least a consultation with an employment / labor attorney. Not saying that you are in the clear either as there is the question about the post breakup writeup.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

Mark as helpful

1 lawyer agrees


In addition to the above answers, you should really discuss all the facts and circumstances with an employment lawyer in your city which you can find on Avvo.

Free Consultation. 1-877-258-3083. Serving the Nation. Only 29% Fee Deducted.

Mark as helpful

Lawsuits and disputes topics

Recommended articles about Lawsuits and disputes

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics