In situations dealing with harassment, it is the responsibility of the employer to investigate the claims of the accuser. During this time, they may take action such as separating the individuals, or placing the alleged harasser on leave. When certain types of action do not seem to be enough, consulting an attorney to offer legal advice can offer plenty of benefits. Here are a few tips on what to do if this situation plagues you or someone you know.
- Your attorney can ensure that your employer conducts the investigation you deserve. By law, it is required by your employer, and it will become the job of the attorney to see that the investigation has been performed up to legal standards.
- At times, employers can go as far as implementing disciplinary action against the accuser — and while some of these actions are legal, the employer cannot punish the harassed party prior to the investigations conclusion.
- An attorney will be able to thoroughly analyze and ensure that the results of the situation were fairly concluded upon. For example, examining and acknowledging all evidence, speaking to witnesses, and so forth. If your attorney finds that this investigation was full of flaws or was not supported on facts alone, they will be able to advise the accuser as to what steps can be taken to pursue a favorable decision.
- Ensuring fair repercussions is key to preventing issues from arising again. Legally, the employer is not allowed to retaliate against the accuser if they find that the accuser was being truthful. If it was concluded that the accuser was telling the truth, the harasser should be dealt with accordingly. Your attorney can make sure that this happens.
Regardless of the environment that surrounds a situation like this, obtaining legal advice is one of the most critical things to keep in mind. Your employer most certainly has advice from counsel on how to handle this type of event, and for your own benefit and safety, you should as well.
Founded in 2000, Gaines, Novick, Ponzini, Cossu & Venditti, LLP brings together a group of highly qualified attorneys focused on serving the legal needs of individuals, businesses and municipalities throughout New York, Connecticut and the surrounding areas. For appellate cases, we have a number of attorneys that specialize in the specific fields you may be looking for. To learn more about our firm, please click here to see a summary of our practice areas, or contact us at 914-288-9595 or by filling out this online form today.