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. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
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 that any information provided is not intended as legal advice or to create an attorney-client relationship between you and me or any other attorney. Such information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues.
In particular, my answers and those of others are not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely solely upon Legal Information you obtain from this website or other resources which may be linked to an answer for informational purposes. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. The full Avvo ToU are set forth at http://www.avvo.com/support/terms .
In addition, while similar legal principles often apply in many states, I am only licensed to practice in the State of New York and Federal Courts. Any general information I provide about non-New York laws should be checked with an attorney licensed to practice in your State. Lastly, New York State Court rules (22 NYCRR Part 1200, Rule 7.1) also require me to inform you that my answers and attorney profile posted on the Avvo.com site may be considered "attorney advertising" and that "prior results do not guarantee a similar outcome".
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 accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract.
Good Luck starts with a strategy and a plan.
Robert J. Suhajda, MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA 90701
Tax Relief Lawyer. Former financial auditor and controller. Admitted to US Tax Court, Income Tax, IRS representation, Fiduciary income tax returns, Estate and Gift tax returns, Homeowner Association Strategist.
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 A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is only licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies. Information posted in responses to legal questions and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively "Legal Information") is not intended as legal advice or to create an attorney-client relationship between you and me. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege.