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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

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Attorney answers 5


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.

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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.


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.


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.

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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.