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How do I fight a false sexual harassment accusation?

New York, NY |

On Friday April 19th I was informed by a friend (Mr B.), that the CEO (Ms E) of a PR company i was recently had been working for, (told him) "I was inappropriately touching her employees (2 young women), leading one of them to quit her firm."
This accusation was one of FIVE false, and baseless accusations against me that Ms E had intimated to MR B. Although each one is quite inflammatory, this one is beyond the pale, and has paralyzed me with anger and frustration.

My question is how do I aggressively fight this claim?
I have already confirmed with one of the women (the one who had resigned), that this isn't true, she never complained about me to anyone inside our outside of the company. Further she never felt uncomfortable around me, and left the PR firm due to her dis-like of Ms E.

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Attorney answers 3

Best Answer
Posted

Significantly, it appears that the claims of sexual harassment do not come from the supposed recipients of that conduct but from a third person. IF you are on good terms with the two women of whom you are accused of inappropriately touching, see if both will give you a sworn affidavit that simply states that at no time prior to the giving of the affidavit did you touch '[that person] in an inappropriate, sexual, nor-unconsented to manner or way. Then, once having those affidavits, then next thing to do is to send Mrs. E a "Cease and Desist" letter. It may be best to have an attorney obtain the affidavits and send the C and D letter.

Asker

Posted

Thx. Will try this course of action... but may want more than a cease & desist. She definitely owes me at least a major apology. She make hurtful accusations against me - As a financial advisor, all I have is my reputation. All my life (44yrs) I have had a spotless U4 (FINRA record), and (an) upstanding reputation (I founded an Ed institution in NYC). As a guy once accused, the stain never quite goes away. I need for this to be resolved in a way that makes me whole (if that makes sense).

Jeffrey Ira Schwimmer

Jeffrey Ira Schwimmer

Posted

Don't lose sight of the goal, that is to establish that the allegation ivolving the 2 women is established to be false. Once you succeed with that, ie- getting the affidavits, the Cease and Desist Letter is very powerful in proving your former employer's malicious intent and enhancing a subsequent claim for damages - should she ignore the letter. You do not indicate in your post that any professsional licensing you have was adversely affected (ie- revoked, renewal denied, etc). so don't get caught up in expensive and uncertain litigation just because you want a "formal apology".

Asker

Posted

Thanks Jeff - Really appreciate the legal advice, so much so that I have secured the services of a NYC attorney. His course of action is pretty much what you intimated. He will, send her a Cease & Desist letter, along with a few other choice words/ warnings. Should it be later found that she violated the C&D or she has done irreparable harm to my reputation as a result of this malicious act, then further action will be taken. Thanks again, and thanks to all the other attorneys who freely provided me with their legal wisdom. Cheers!!

Kevin Rindler Madison

Kevin Rindler Madison

Posted

It always helps when you hire a lawyer right away. Good luck.

Posted

This is a very serious case that you should speak to experienced local counsel about. It is too broad in scope and too serious a case to get a significant meaningful answer in an online forum due to it's highly fact intensive nature. To start look on avvo for local employment discrimination and sexual harassment attorneys and then set up some appointments.

Good Luck

This answer does not constitute a legal consultation, or definitive answer, nor does it establish a lawyer client relationship. Each case, controversy, or situation is factually different and requires particularized evaluation.

Asker

Posted

Thx Zebulon... For me it's a challenge financially to hire legal representation - hence my frustration. I have been trying to gather all the facts. I can get sworn statements from Mr B about the accusation, and the female employee who resigned that it is not true. However Ms E is being coy about providing me written statements about how, and when this "illegal touching" occurred. Which is very vexing - how can people do stuff like this - especially since she has NEVER paid me a penny for my work!!

Posted

Have the women write a letter to your boss stating that this is not true.