As a California employer, you want (and are obligated) to provide a safe working environment for your employees. This includes providing proper training and safety equipment, as well as information about known hazards on the job. Sometimes, issues arise that cause problems for a worker, not because of a physical hazard in the workplace but because of harassment. But what if a worker files a false harassment claim against an employer?
What can that employer do to protect his or her rights? Knowing what not to do is just as important as knowing what to do. By keeping several things in mind, a concerned employer may be able to achieve positive results when false harassment accusations arise.
Never retaliate for false harassment claims
An employer may understandably feel frustrated or angry when a worker has falsely accused him or her of harassment. It might be tempting to pass the worker over for a promotion, to move him or her to a lower-tiered job or perhaps even to terminate the worker’s position. This would no doubt make matters worse because the employee could claim that the employer learned of the harassment claim and took action against the worker because of it.
Review company policy, consult the HR department, gather evidence
It is never a good idea to confront an employee who has alleged harassment against an employer. Instead, the employer will want to review company policies, gather evidence and build a support network by seeking guidance through the HR department. It is also helpful to consult with an employment law attorney who is experienced in advocating on behalf of employers in court.