If you are facing sexual misconduct allegations at work, you could be frightened and not know what comes next. Employers are required to investigate claims, even if they’re ultimately false. You need your rights protected throughout the process to ensure the claim is investigated fairly and with your rights in mind.
The employment attorneys at Abney Law can help you handle sexual misconduct allegations. We are highly experienced and protect your legal rights along the way.
Legal Protections in the Investigation
Employers have to investigate these claims, and they have to do it the right way. They’re not allowed to make assumptions or discipline you without an appropriate investigation. The employer has the obligation to take the allegations and your defense equally seriously.
During the investigation, you have the right to:
- Receive notice of the allegations against you
- Respond to those allegations
- An unbiased investigator to figure out the truth
- A decision based on the real evidence
Employers are not allowed to rely on rumors or assumptions. They also cannot bow to pressure to discipline you without a proper investigation. Any decision must be based on facts. If the employer fails to meet their obligations, you could have a legal case against them.
Protection From Retaliation Under Kentucky and Federal Law
Your employer is not allowed to retaliate against the person complaining of sexual misconduct, but they’re also not allowed to retaliate against those accused of misconduct. They cannot punish you simply because an allegation was made.
Retaliation may include:
- Sudden negative performance reviews
- Unjustified discipline or demotion
- Hostile treatment by supervisors
- Changes in job duties designed to isolate or punish
- Termination without legitimate cause
If the employer fires you or takes some other action before the investigation is complete, you might have a legal claim for retaliation.
Confidentiality Rights During the Investigation
Your employer is supposed to help maintain your confidentiality as best as possible. Unfortunately, full confidentiality isn’t likely around an office or workplace, but the employer should not be openly sharing private information about the investigation.
You have the right to expect:
- Professional handling of interviews
- Discretion regarding the allegations
- Protection from workplace gossip
- Public disclosure of the investigation
This aspect of the investigation can be complicated, but an experienced attorney knows what to look for and strategies to help maintain your privacy to the fullest extent possible.
Additional Protections for Union and Contract Employees
Employees covered by a collective bargaining agreement or employment contract often have additional rights, including:
- Representation during interviews
- Just-cause standards for discipline
- Grievance and arbitration procedures
- Confidentiality requirements in the contract
If you’re in a union, get in touch with your union rep immediately. For contract employees, your attorney can help you understand the employer’s additional obligations.
When Allegations Are False or Malicious
While many complaints are made in good faith, false or exaggerated allegations do occur. Kentucky employees who are falsely accused may have legal claims such as:
- Defamation if false statements damage your reputation
- Intentional infliction of emotional distress
- Tortious interference with employment
If the accuser knowingly makes false statements or spreads damaging rumors, you may be entitled to pursue legal action.
Protecting Yourself After Sexual Misconduct Allegations Are Made
If you’re experiencing a sexual misconduct allegation, taking the right steps can help. Consider all of the following:
- Don’t confront the person who accused you.
- Preserve any evidence, such as communications and witness names.
- Follow your employer’s instructions, such as temporary reassignment or suspension.
- Don’t discuss the case with coworkers.
- Don’t post anything on social media.
- Consult an employment attorney as soon as possible.
Protect Yourself If You Face Sexual Misconduct Allegations in Kentucky
These types of allegations can threaten your career and your reputation. Kentucky employees have protections under state and federal law, so it is important that you have an experienced lawyer at your side to protect your rights. You don’t have to face sexual misconduct allegations alone.
Let the skilled employment attorneys at Abney Law review your case. Contact us today for a consultation.