QUESTION
Do I need a lawyer for a harassment claim based on race has been lodged against me, the respondent?
Asked on Dec 16th, 2015 on Libel, Slander and Defamation - Virginia
More details to this question:
This information is sensitive and not to be shared in a public manner until full investigation of case has taken place. I received a complaint that a peer believes that I harnessed them based upon their racial identification. I believe this to be untruthful and its own form of retaliation. What should I do?
1 ANSWER
Your employer may decide that its attorney can represent you in the matter as well, or that such representation would be a conflict of interest and that their attorney cannot represent you. This depends on the facts of your case. If the employer is not providing representation to you, an attorney can help guide you through the investigation process. Your employer may take action against you whether or not it believes the allegations made against you. You may wish to consult an attorney in such a circumstance. As for possible retaliation claims, it is unlawful to take an adverse employment action against someone for having complained about a violation of one of the federal employment laws. Virginia has a few such retaliation statutes as well. A harassment complaint will not become an adverse employment action unless it leads to a tangible result on your employment. Please call us to schedule a consultation.
Answered on Dec 21st, 2015 at 1:38 PM