The business must look into allegations of harassment made by an employee. In most cases, the Human Resources department is in charge of carrying out that duty. Still, if the business lacks a specific HR department or employee, the inquiry can be carried out by a third party, usually an attorney. Whatever the case, some businesses will hire a consultant or an attorney.
Consult a Lawyer
Human resources and the investigator(s) will guide you in handling the investigation, but they won’t help you prepare a defense. If you want to ensure that someone is looking out for your best interests and informing you of your legal rights, hiring an attorney may be the best option.
This is especially crucial in cases when the complaint could result in termination or criminal proceedings, such as allegations of sexual assault. A criminal defense attorney in Denver, Colorado can help you understand the law, know your rights, and construct a more compelling case. In addition, it’s important to seek advice from competent legal counsel. For instance, if you’re fighting a criminal case, you should hire a lawyer specializing in criminal defense. If you’re worried about the cost of hiring a lawyer to help you sort through the bogus claims, you may always discover a legal office or law company that offers a free consultation.
Learn More about Your Company’s Harassment Policy
The company’s harassment policy may help determine if your actions constitute harassment. Think about the chance that you offended someone unintentionally. The next steps in the investigative process should be spelled out in your company’s harassment policy, giving you ample time to prepare. You can better defend yourself if you know what to expect, who to talk to, and how to clear your name.
Do Not Confront the Accuser
After being informed that you are under investigation, your initial reaction might be to meet the accuser and attempt to persuade them. The conversation could, however, soon veer in an unfavorable direction, and they might acquire even more evidence to support their case. They may particularly misinterpret your statements and portray you negatively if the accuser holds a grudge against you. In most situations, it’s not a good idea to talk with your accuser to “clear the air.” Refrain from confronting the accuser even if you believe there has been a misunderstanding.
Make a Response
Your scenario will determine the best course of action. Miscommunication can lead to some false allegations, such as the charge that you broke a promise. Some result from identity confusion, such as being accused of hurting someone when it was someone else. Some baseless accusations, such as those made up by someone looking to embarrass you, have no basis. Sometimes the best defense is an alibi. Try to prove that you weren’t there when the wrongdoing happened.
If you can, provide an alternative explanation. You might try to solve misunderstandings or mistaken identity situations by pointing out the guilty party or the accuser’s mistake. Although it isn’t entirely reasonable to expect you to solve an issue you didn’t cause, you can settle the argument on your own if you can do so. But refrain from leveling any erroneous charges of your own.
Gather Evidence
Assemble proof and testimonies. In the event of a formal investigation or legal proceeding, you may need to provide evidence to support your account. Find evidence that you weren’t there, like a receipt or photo that places you somewhere at the time of the occurrence. Get testimonies from people who were there or who saw what happened. Those who know you well and can attest that you are innocent of the charges against you can also be utilized as character witnesses.
Make Yourself Available for Questioning
Even when you have nothing to hide, your natural inclination may be to resist and obstruct the investigation. Your accuser may be a career-minded rival out to get you because they want your position. They may want to be recognized or heard from as well. Even though these problems could arise, you must help with the investigation. They will investigate with or without your help, so cooperating is in your best interest.
You need to have your account on the record to forgive yourself. You should also offer a list of witnesses; if your accuser is plotting against you, the last thing you need is for the prosecution to call any of your opponents witnesses. The witness list should include people who can testify in your favor, such as friends and coworkers.
Remain Silent
Use your right to silence. The stress of being accused of a crime can cause even innocent persons to say regretful things. You have the option to keep silent if you are arrested. Before being arrested, you are not required to provide any answers either. Wait to respond to the accusations until you are accompanied by legal representation. You can answer and object to any unwarranted questions with the assistance of a lawyer.
Own Your Guilt and Make Restitution
Some allegations of sexual harassment are made after the end of a sexual relationship that both parties agreed to. You shouldn’t lie about having a sexual connection with a coworker or subordinate if your firm has a policy banning supervisors dating, reporting staff dating, or coworkers dating. Management will find out eventually anyways, so you might as well come clean about dating and explain how long it lasted. If you break the rules, would you still lose your job?
Perhaps, but that’s something you should have considered before getting together. If you want to clear your name, getting fired for a rule violation is preferable to get fired for sexual harassment. The IT staff is probably aware if a coworker went by your cubicle and saw naked ladies on your computer screen, so lying won’t help. They may have even contacted IT before you were contacted to check into this. Recognizing your wrongdoing and owning up to it is crucial.
Keep your cool, and don’t get even. Your natural inclination may be to fight against an investigation at all costs, but doing so will only make you look foolish and unprofessional. Particularly, retaliation can backfire by making you appear even guiltier. Don’t lose your cool; collect your thoughts and carefully plan your next move. Even if you are innocent of the original harassment, evidence of your retaliation could be used to convict you.
