Harassment is a very serious and pervasive problem that occurs in many employment environments. No one should tolerate being harassed. Unfortunately, there are also untrue accusations of harassment that can ruin peoples’ lives. This article addresses what you should do if you fall into this category and have been unfairly targeted for harassment investigations.
False Allegations
False allegations of harassment are incredibly dangerous on a number of levels. While false allegations of harassment are (thankfully) rare, these do happen, and they do as much harm to those being harassed as they do to those falsely accused of harassment. Why, exactly? It’s because false allegations make it easier for all harassment allegations to lack credibility and become more difficult to believe. This is especially problematic and makes it harder for people to report harassment while simultaneously making it less likely for them to do so.
False allegations also make life and work very difficult for the person who has been accused. In such circumstances it’s understandable to feel alienated, stressed and harassed yourself. If such a thing occurs it is both difficult and important to remember that not all false allegations are malicious: allegations can be accidental or misconstrued and then take on a life of their own. Remember not to try to deal with such a demoralizing situation on your own and consult a lawyer as soon as possible.
Once an allegation has been made, no matter how false, you must not confront your accuser! This is primarily for three reasons, both practical and moral:
- Confrontation can lead to furthering a toxic culture where harassment is not reported
- Any confrontation, no matter how deserved, will be uncovered in the course of investigation sooner or later. When it does such a confrontation will reflect badly on you – no matter how justified
- It will be nearly impossible to keep your cool in such a circumstance; you will be damaging your own credibility, livelihood and case for a mere chance at momentary emotional satisfaction
Targeting
False allegations of harassment can occur by accident or through an ignorant misconstruction of facts. They can occur because words or situations are taken (or observed) out of context. However, the uglier side to false allegations is that they can also arise due to targeting.
What do we mean by targeting? Targeting is where a person is singled out because a person or group wants to alienate or dismiss a specific person. This may be a case of constructive dismissal through a pressured atmosphere. It is also possible that someone is trying to create grounds to justify your dismissal. Essentially, targeting is creating the context to force someone’s desired outcome: a tarnished reputation, your dismissal, a cover up for actual harassment, etc… The reason why you have been targeted does not make the created atmosphere any less malicious or oppressive but it can affect your case strategy and outcomes so always make sure to inform your lawyer of all relevant facts.
Investigations
If you are being investigated, it is important to protect your rights. Regrettably, investigation processes are not always fair. Often, an Employer gets to unilaterally choose the investigator, hire them, and pay for them. In our opinion, this can lead to the appearance of bias and impropriety. Regrettably, Employers are not always neutral in harassment investigations. In certain cases, Employers use harassment investigations as an opportunity to get rid of Executives or Managers without paying them compensation. This article should not be seen as suggesting that all investigations are unfair or that all Employers are using the process inappropriately. However, if you are being investigated (particularly if the allegations seem unfounded or exaggerated), it is important for you to be very careful. If you feel your Employer is not being fair to you, your focus should be on saving your career and reputation. An advisor of your own can help you navigate the process and explain to you how to best protect your career and your reputation.
What to Expect Vis-a-Vis Outcomes
It is important to target your expectations when dealing with false allegations of harassment. Your focus should be on saving your career & reputation, not on saving your current job. Remember that an unfairly conducted investigation in and of itself can make continuing in the same workplace untenable due to loss of trust and the tense atmosphere. It is important to discuss your options and likely outcomes with your lawyer, and to keep in mind the need to be practical.
What to Do
Finally, here is a checklist for what you should do (and absolutely NOT do) under such stressful circumstances:
- Contact a lawyer immediately
- Be completely honest with your lawyer
- Do not confront your accuser
- Do not confront your employer
- Protect your interests (your rights, documenting the process, etc…)
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