HR Legal Problem?

HI guys,

I am having trouble at work. I am being accused of harassing somebody. The HR manager n my manger told me that one friend literraly said that I was harassing him and that he wanted to take me to court. They also required me not to approach him. He talked to me and told me it was pure bullshit and that anyway he never used these terms. However some of his friends complained about me for minor reasons. The guy will never make any statement against me but yet they threathen to fire me or to take me to court. My questions are
Can they legally ask you not to talk to somebody or approach him if he did not require it? or does it have to be an order from a court?
What can I do against wrong accusation made against me? Can I sue the company or the personns involved personally?
I talked with another manager who took the matter to the HR director.

They are asking you not to approach him because they are trying to protect the company from legal action. They can ask you not to talk to somebody, if they feel that you would be acting negligently if you did. In other words in the case of harassment where a legal action is being threatened, further provocation on your part may result in negligence on behalf of the company.

There does not need to be a court order. It is your company that is ordering you, and if you do not comply you risk losing your job.

A wrong accusation could be vindictive, or malicious. However, regardless of the right or wrongs, you must take heed of warnings or else you risk your own position.

People generally do not make accusations without foundation. It may be that he/she is making the accusation at you, when it is a group of people under your supervision who are causing the harassment. In other words it is indirect, not direct.

In the position you are in you have to accept responsibility for the actions of people under you supervision as well as your own actions.

This happened where i used to work, they cant tell you not to talk to someone they can advise you not to, if the allegation is not true and you are sure then you can have the person and the company for slander/ defamation of character.

Any type of harassment charge, even if it is totally bogus, should be taken very seriously. Many employers have rules against any type of harassment and will terminate those accused of harassing rather than do an investigation -- because investigations usually do not lead anywhere and because it is easier.

Yes, your employer can legally demand that you not talk to a particular person. If you break that rule, you can be terminated for cause. No, that does not require a court order. An employer can create a rule or policy that only effects one person, perfectly legal.

In order to fight against a wrong accusation you may need to hire an attorney to help you. If the HR dept has an investigation of the alleged incident you may or may not get an opportunity to be part of that investigation. In reality if you are being set up here, nothing you say will much matter --- which is why you need legal help.

You may be able to sue the company. Depending on your state's laws and what the company does to you. Really, you need to contact a local employment attorney on this one.

Harassing? Bothering?

Your best path is to simply calm down, keep to yourself and do your job. Yes, you can be told who you can and cannot talk to at work. There is no lawsuit here. The employer acted on statements made.

You haven't been fired, so chill. If you overreact on this, you probably will be fired. Be a team player and simply get along.

Harassment is a big area that is open to misinterpretation. There are a number of factors that might come into play:
-are you being accused of sexual harassment, or harassment in general?
-are you being accused of creating a "hostile work environment" (less serious) or "quid pro quo" harassment (more serious?)
-do you work in a union shop?
-would your friend be willing to sign a statement indicating that you did not harass him?

The company can require that you not interface with an employee, customer, supplier, etc. It's also possible that your friend is not telling you the truth - if he complained that you were harassing him, it's unlikely that he would tell you to your face of his complaint.

If your friend is willing to attest that you did NOT harass him, I'd suggest that you obtain a statement from him and ask that a copy be placed in your employee file.

If nothing happened to you as a result of this (no write-up, demotion, transfer, etc.), then it's a "no harm/no foul" situation and I'd let it drop.