When Allegations of Sexual Misconduct Emerge
Regardless of how well run a business organization is, allegations of sexual misconduct by employees may emerge. If they do, your business must be ready to respond decisively. The lawyers at Danks, Miller & Cory have the experience to you help properly manage the process and reduce your company’s overall exposure both before and after a misconduct allegation arises.
Ensuring Due Process
After an allegation of misconduct is made, it is important to ensure that everyone has due process through a quick but fair process which protects the rights of both the alleged victim and the alleged perpetrator.
Investigations should confidential and tailored to the needs of the particular situation. This requires a balancing of the wishes and needs of the alleged victim, the rights of the accused, and the importance of transparency. This may be accomplished by a purely internal investigation or by bringing in an outside independent investigator. However, there is no perfect solution as there can be a perception that even outside independent investigations yield the results that the business wants.
Many decisions and questions will arise after the investigation is complete. What disciplinary actions are taken? Are the findings disclosed? Will there be legal action taken against the company? The lawyers at Danks, Miller & Cory will work with you to make the best decisions possible.
If the matter becomes public, then we will work with you to avoid a public rush to judgment and limit any reputation or business harm.
Putting in place and enforcing rules for workplace behavior, consistently enforcing the same, and providing for a confidential but transparent complaint process will go a long way to protecting your employees and management as well as minimizing your company’s risk. A victim’s lack of trust in the in-house process is one of the main reasons that they hire lawyers or go public. An effective workplace behavior policy requires you to avoid the tendency to whitewash or sweep the matter under the rug. Employees who do not act properly must be appropriately punished.
Providing the Legal Support You Need
We welcome the opportunity to discuss your specific employment matter. Contact us online or call us at 601-957-3101. .