My husband was accused of molestation of clients. He works w disabled adults. The supervisor who accused him, when questioned, couldn't provide a basis for the complaint or proof. The supervisor also recanted the word "molestation". This same supervisor, for the past year & a half, has also been harassing my husband in a variety of ways. Can I sue the workplace & supervisor for harassment?
You should contact an employment law attorney and you can discuss this case in greater detail. If this supervisor made up the allegations and spread them, you may have a cause of action for defamation.
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My first advice echoes my colleague and I agree you should contact an experienced employment discrimination attorney immediately. There are many factors which must be considered when determining if sexual harassment or other inappropriate conduct is occurring including:
1. Who was sexually harassed? (employee, temporary worker, at will, supervisor, subordinate, vendor)
2. Who did the harassing? (employee, temporary worker, at will, supervisor, subordinate), vendor
3. Was the person harassed a member of a special class? (handicapped, women, minorities, veterans, special needs, etc)
4. Was the person harassing the victim due to his/her a protected class status?
5. Did anyone (supervisors, coworkers, vendors) intervene and attempt to rectify these actions?
6. Did you formally make a complaint?
7. If you formally made a complaint did you exhaust all possible remedies before deciding to institute a legal suit?
8. Does this supervisor have a history of doing similar acts to your husband or other persons and if so what did she do?
9. The length your husband and the supervisor were employed together?
10. Any legitimate work/job related performance issues which necessitated her becoming critical of your husband. The supervisor can possibly make a strong claim she questioned your husband and brought this matter to his attention because sexual molestation of disabled persons is a serious offense and his primary job responsibility is caring for them. She also may try and use previous situations to show your husband was either a poor worker or had been accused/suspected in the past of doing similar acts.
Answers to this question are for general purposes only and do not establish an attorney-client relationship or constitute legal advice
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