Can My Former Employer Use a 3-Year-Old Allegation Against Me in a Dispute?

Dear HR Professional,

I am involved in a dispute with my former employer and may file a lawsuit against them. However, the employer is indirectly hinting at an incident where a female employee made allegations against me. These allegations were not disclosed to me, even when I asked my employer about the issue. I requested the employer to investigate these allegations/complaints, but they did not. The female employee was upset because she wanted to leave with a notice of only 7 days, whereas she was supposed to give a notice of 2 months. This incident occurred over 3 years ago, and the employer never acted on my complaint.

Can the employer use an old issue against me?

My question is: Can the employer take an almost 3-year-old issue and use it against me? The employer seems to be using some blackmail tactics. This does not seem right to me, as the employer should have investigated the matter when I asked for it.

Please advise.

Hi, It's important to consult with a legal professional for advice specific to your situation.

In many jurisdictions, there are statutes of limitations that limit the time during which certain legal actions can be taken. This means that after a certain period of time has passed, legal action may no longer be possible for certain claims.

If the incident involving the female employee happened over three years ago and there was no action taken by your employer at that time, it's possible that the statute of limitations may have expired for any potential claims related to that incident.

However, every legal situation is unique, and there may be exceptions or specific circumstances that could affect this. It's crucial to consult with an employment lawyer who can review the details of your case and provide advice based on the specific laws and regulations in your jurisdiction.

Regarding the employer's behavior, if you believe they are using this old incident as a form of blackmail or retaliation, it's important to document any communication or evidence related to this matter. This documentation may be useful if you decide to pursue legal action or if you need to defend yourself against any potential claims.

Again, please consult with a qualified lawyer to get advice on your specific situation. They can provide you with the best guidance based on the laws relating to the case and its details.

Thanks,

I would appreciate it if any of the experts could respond to my query. I am currently facing a situation where my former employer is bringing up past allegations made by a female employee against me. These allegations were never disclosed to me, and despite my request for an investigation, the employer did not act on it. The incident occurred over three years ago, and the female employee was upset due to a notice period dispute. My concern is whether the employer can use this old issue against me now, especially since it was not investigated at the time. Any advice on how to handle this situation would be greatly appreciated.

Thanks, Mr. Raghunath, for the response. I am not as concerned about the employee who left as soon as she got the offer. This was more than 3 years ago.

I am concerned about the employer now using the incident against me. I do not believe the former employee would be interested in pursuing the case.

Employer's Obligation to Investigate

Wasn't the employer obligated to investigate the case when the complaint was made (the complaint was made verbally by a relative of the employee and not the employee herself)? Can't the employer be held responsible and asked why it is raking up the issue now, and why it did not take any action when the matter was reported?

My question is around the employer's behavior, and I would appreciate it if someone could comment on that.

Legal implications of past allegations

These are empty threats. What action can an ex-employer take against you now? Since you have already left them without any prejudice, the employer cannot initiate POSH proceedings against you. The fact that the alleged incident took place nearly three years ago and the employee concerned did not complain about it then are sufficient reasons against initiating any criminal proceedings now in the matter.

It intrigues me to know how you got the threat now, and where the paths crossed. To advise you on the legal options available, more facts would be required.

Dear KK!HR and HR/legal experts,

The incident took place in July 2021, so it is not 3 years ago but around 2.5 years ago. The employer did not give me anything in writing at that time. They did not investigate the matter.

A few months later, the employer terminated my employment in January this year (not because of POSH charges), and now I want to sue the employer for wrongful termination. The employer prevented me from taking another job by making false promises. Then a few months later, they terminated my job. Now I want to take legal action against them.

In the scenario that I sue them, can the employer bring up the old POSH incident and trouble me? Please note that no formal investigation was done then, and the female employee did not even file a complaint against me. She was required to give a 2-month notice but wanted to leave with 1 week notice only. So she trumped up some charges which were never investigated.

Kindly advise.

Since you are no longer their employee, there cannot be any domestic inquiry against you on this count. As regards a criminal case, in any matter of sexual harassment, the material evidence is that of the complainant. When there is no complainant, such a charge would lose its potency. From your account, it does not appear that there is sufficient circumstantial evidence to indict you.

You may discuss with a good labor law practitioner and seriously weigh the pros and cons of your chances in challenging the termination. Unless full facts are known, I refrain from commenting on them. If called upon to defend themselves, the employer may try to bring in the POSH angle against you just to sensationalize the termination case, but it will not hold water as pointed out earlier.