What affirmative defenses should I write on answer to sexual harassment complaint. (Plaintiff is lying).

Asked over 1 year ago - Los Angeles, CA

Please let me know which affirmative defenses I should assert to a false complaint for sexual harassment.

Additional information

Can any attorney please just list the potential affirmative defenses. thanks

Attorney answers (6)

  1. Christine C McCall

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Affirmative defenses that should be pleaded are necessarily grounded in the facts of the matter. You really should consult with an experienced attorney for assistance with your defensive pleading, even if you elect to proceed pro per from that point forward.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. Harry Edward Hudson Jr

    Contributor Level 20

    6

    Lawyers agree

    Answered . No one is in a position to offer any suggestions as no one knows any facts. Also, no competent attorney on this forum would attempt such a task without knowing more.
    See an attorney. NOW!

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
  3. Malosack Berjis

    Contributor Level 20

    5

    Lawyers agree

    Answered . I absolutely agree with my colleagues. Do yourself a favor and, at a minimum, hire an attorney for this part of the litigation.

  4. David Andrew Mallen

    Contributor Level 14

    4

    Lawyers agree

    Answered . An attorney can also advise you whether the claim is covered by any insurance policy, and whether you can sue others who are responsible, or whether you can ask your employer to provide you a lawyer if you are an employee who has been sued.

    A lawyer can also advise you as to whether you should settle, try mediation, or take other defensive action.

    You can find attorneys who will do legal work on a "limited services" fee agreement -- such as filing an answer to a sexual harassment complaint. I don't recommend this unless it is the only way you can defend yourself.

    You were wise to seek help on AVVO. I encourage you to take the next sensible step.

    David Mallen
    www.elsegundocaemploymentattorney.com

    David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not... more
  5. Jack Richard Lebowitz

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . Agree with Ms. Mc Call. See an attorney. Were there any witnesses to this claimed "sexual harassement" or is it strictly someone's word against yours? Was this a one time event or a course of conduct over a long time. Are you in a supervisory position to the person complaining or just friends, coworkers or casual acquaintances. Maybe you should write down all your thoughts about what happened and why you are being falsely accused and any witnesses to share with your attorney.

    This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states... more
  6. Robert Jan Suhajda

    Contributor Level 17

    2

    Lawyers agree

    Answered . A sexual harassment complaint is usually a form of sex discrimination and not a criminal matter. So I assume this is the nature of the beast. The defenses would be 1) general denial of all allegations, 2)
    employer took reasonable care, 3) specific denial that there was any harassment, or it was not sexual, or it was not work related, or employee took no remedial action. Also lack of respondent superior. Let me know if this is what you were looking for. Thank you

    Disclaimer of California Attorney. Laws differ from state to state. Although the above response is believed to be... more

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