Falsely Accused of Sexual Harassment at Work in California

An accusation of sexual harassment is not a finding. California's rules call for a fair investigation that tells you what you are accused of and hears your side before anything is decided. But most jobs here are at will, and an employer that honestly believes an accusation after a real investigation can usually act on it, even when it turns out to be wrong. What you do in the first few days matters more than anything you say later.

This page is for employees and managers who have been accused of sexual harassment at work and believe the accusation is false, exaggerated or stripped of its context. It is also for people who reported harassment and are now being told they made it up. The same rules protect both.

The short answer

• An accusation starts an investigation. It does not decide one. State regulations require an employer's harassment policy to promise a fair, timely and thorough investigation that gives all parties appropriate due process.
• You are entitled to know what you are accused of and to give your side. The state's guidance to employers says so. It does not promise you a copy of the complaint, and in some cases it does not promise you the name of the person who made it.
• The standard is "more likely than not." The investigator weighs the evidence and each person's credibility. It is not a criminal trial, and a finding does not require a witness.
• "Not substantiated" does not mean the complaint was a lie. "Substantiated" does not mean a court has found you liable. Investigators decide what happened, not whether the law was broken.
• You can usually be fired anyway. An employer that honestly believes the accusation, after an investigation that was appropriate in the circumstances, generally wins even if it got the facts wrong.
• The exceptions are where the cases are. An employer may not use an accusation as cover for discrimination or for retaliation against you. It may not decide whom to believe, or how hard to punish, by race, sex, age, religion, national origin or sexual orientation. Contracts, union agreements and public employment add protections.
• Do not retaliate, and do not contact the person who complained. Retaliation is a separate violation, and it is often easier to prove than the harassment.
• Do not lie, and do not delete anything. People who would have survived the accusation are fired for dishonesty in the investigation.
• Suing for defamation is harder and riskier than it sounds. Complaints made without malice are privileged, the deadline is one year, and a failed suit can leave you paying the other side's attorney's fees and more.
• A good faith complaint is protected even when it is not proven. A complaint the employer finds was knowingly false is not.

How common are false accusations?

No one has a reliable number. The most thorough federal review of workplace harassment, a 2016 task force report from the Equal Employment Opportunity Commission, does not give one.

What that report does show is that most harassment is never reported. About three out of four people who experienced harassment never talked to a supervisor, a manager or a union representative about it. Only 6 to 13 percent filed a formal complaint. The report says people stay silent because they fear disbelief, inaction, blame, or social or professional retaliation.

Three things are true at the same time:

• False and mistaken accusations happen. People misread, misremember and exaggerate, and some people lie.
• Most complaints that cannot be confirmed are not lies. An investigation with two accounts and no documents often ends without a finding either way.
• An accusation can be partly right. The conduct happened but not the way it was described, or it happened and you did not know it was unwelcome.

That is why the law does not ask an employer to assume that either of you is lying. It asks for an investigation.

What to do in the first few days

1. Stay calm in the meeting where you are told. Listen, take notes, and ask what specifically you are accused of: what, when, where and who was there. Do not argue the case in the hallway afterward.
2. Do not contact the person who complained. No message, no apology, no "can we talk," and no go-between. Whatever you intend, it can be read as pressure.
3. Do not retaliate, and do not let it look as if you did. If you supervise the person, do not change the schedule, the assignments, the pay or the evaluation. Ask human resources in writing who should make those decisions while the investigation is open.
4. Preserve everything. Texts, emails, chat messages, photos, call logs, calendars and social media, including the parts that embarrass you. Deleting is the worst thing you can do. Do not copy confidential company files to personal accounts. Write down where they are.
5. Write your own timeline today. Dates, places, who was present, what was said, and how the two of you normally dealt with each other. Keep it at home on your own device. If you plan to see a lawyer, address it to the lawyer and share it with no one else.
6. List witnesses and documents for the investigator. Give names and what each person saw. Do not call them to compare accounts.
7. Read the policy. Your employer's harassment policy and investigation procedure tell you what steps to expect. If your employer skips its own steps, write that down.
8. Use your own phone and your own email for anything private. A message to a lawyer sent from a work account or a work computer may not be private.
9. Talk to a lawyer before the interview if you can. If the accusation involves touching, force or a minor, talk to a criminal defense lawyer first.
10. If you are in a union, call your representative. If you work for a public agency, ask what procedural rights apply to you.
11. Keep doing your job. Being placed on leave during an investigation is common, and it is not a finding. Ask whether the leave is paid, and get the answer in writing.
12. Keep it quiet. Talk to your lawyer, your union representative and your family. Do not campaign among coworkers, and do not post about it.

What a fair investigation looks like

Two sources set the standard in California. The first is a state regulation, section 11023 of title 2 of the California Code of Regulations. It requires an employer's written harassment policy to say that the employer will conduct "a fair, timely, and thorough investigation that provides all parties appropriate due process and reaches reasonable conclusions based on the evidence collected."

The second is the Civil Rights Department's Harassment Prevention Guide for California Employers, which explains what that means in practice. The guide calls due process a formal way of saying fairness, and it says an employer should be fair to all parties. The table below follows the guide.

What you are not entitled to. The guide says due process does not require an employer to show the accused person the written complaint. It requires making the allegations clear and asking for a response. The guide adds that in some cases it may not be necessary to disclose who complained. An internal investigation in a private workplace is not a trial. You have no right to question the person who complained, to sit in on other interviews or to read the witness statements.

No witness does not mean no finding. Much harassment happens with no one else in the room. The guide tells investigators that when the accounts conflict, they should weigh credibility and reach a finding. That cuts both ways. A complaint is not defeated because no one saw it, and it is not proven because someone made it.

What investigators look at when the accounts conflict:

• Plausibility. Does the account make sense on its own terms?
• Motive. Does either person have a reason to lie? That question is asked about the accused person too.
• Corroboration. Messages, people who were told at the time, schedules, badge records and video.
• Ability to perceive and recall. Where each person was, and how well they could see, hear and remember.
• History. A record of honesty or dishonesty, and earlier conduct of the same kind.
• Consistency. Whether an account has changed from one telling to the next.
• Demeanor. How a person comes across, which the guide says to use with caution.

Bring your corroboration. If you have messages that show how the two of you talked, a calendar that puts you somewhere else, or a witness who was in the room, give the investigator a list. Ask in writing that it be considered, and keep a copy of what you handed over.

The wrong standard. The guide says it is a mistake for a workplace investigator to apply a higher burden such as "clear and convincing" or "beyond a reasonable doubt." An investigator does not need overwhelming proof to make a finding against you. The question is which account is more likely.

For timing and the steps on the other side of the process, see how long human resources has to investigate and what happens after a report.

The investigation interview

You will usually learn the details in the interview. That is normal, and the state's guide treats it as good practice. If you are asked about something you need records to answer, say so and offer to follow up in writing. You can ask for a short break.

Tell the truth, and tell all of it. If something happened but not the way it was described, say what happened. If there was a relationship or flirting on both sides, say so. A flat denial that a text message later disproves turns a case you could have defended into a firing for dishonesty. Many employers treat a lie in an investigation as its own ground for termination.

Answer what you know. "I do not remember" is a proper answer when it is true. Do not guess, and do not offer theories about why someone would lie unless you have facts behind them.

Do not attack the person who complained. Give dates, messages and witnesses. Remarks about the person's character, clothing or private life hurt you, and they can look like more of the conduct you are accused of.

Whether you can bring someone:

• Union members. You have the right to a union representative at an investigatory interview that you reasonably believe could lead to discipline. You have to ask for one.
• Private employees with no union. You have no legal right to bring a lawyer or a coworker into the room. You can ask, and some employers agree. You can always talk to a lawyer before the interview.
• Public employees. You generally have representation rights under the state's public employment laws. Peace officers and firefighters have statutes that set the conditions of an interrogation, including notice of the nature of the investigation.

Whether you can refuse. You can, but an employer may treat a refusal to cooperate as a ground for discipline, and the investigator will decide without your account.

If a crime is alleged. What you tell your employer is not confidential. It can reach the police, and it can be used in a lawsuit. Talk to a criminal defense lawyer before the interview. Public employees who are ordered to answer have added protections on how those answers can be used in a criminal case, so get advice first.

Recording. Do not record the interview secretly. Penal Code section 632 generally makes it a crime to record a confidential conversation without the consent of everyone in it. Ask whether the employer is recording and whether you can have a copy. Write your own notes as soon as you leave.

Lie detector tests. Under Labor Code section 432.2, a private employer may not demand or require an employee to take a polygraph or similar test as a condition of keeping the job. An employer that asks you to take one must first tell you in writing that you can refuse. Government employers are exempt from that section.

When a relationship is part of the story. Many disputed accusations follow a relationship or a flirtation that one person remembers as mutual. Conduct that was welcome is not harassment. But agreement to one thing is not agreement to everything, and it ends when the other person says stop. If you were the supervisor, expect the other person to say they went along out of fear for the job. Keep the messages that show how it began and how it ended, and tell the investigator the truth about it, even if a company rule required you to disclose the relationship and you did not.

Follow up in writing. The same day, send the investigator a short email. Something like: "Thank you for meeting with me today. To confirm, I identified these witnesses and these documents. I want to add one point I did not think of in the meeting. Please tell me if you need anything else, and please let me know the outcome when the investigation is finished." It creates a record of what you offered.

What the findings mean

An investigator decides facts under the preponderance standard. The state's guide says investigators should reach factual conclusions and not legal ones. When the evidence does not back an allegation, the guide's model conclusion says the allegations "are not supported by a preponderance of the evidence," and then gives the reasons.

Employers use different labels. These are the common ones.

A finding is not a verdict. "Substantiated" is an employer's internal conclusion. It is not a court judgment, and it does not decide a lawsuit. It is, however, what the employer will act on.

"Not substantiated" is not the same as cleared. The file usually stays. Ask for the outcome in writing. You can also ask to put a short written response in your personnel file. No statute requires a private employer to accept one, but many do.

You can be disciplined on a lesser finding. An investigation that does not find harassment may still find a crude joke, a relationship you were required to disclose, or a misuse of the company's chat system. Employers may discipline for those. The discipline still has to be handed out without discrimination.

Getting your file. Under Labor Code section 1198.5 you can ask in writing to inspect and copy the personnel records that relate to your performance or to any grievance concerning you. The employer has 30 days. It may black out the names of nonsupervisory employees, and the section does not cover records of an investigation into a possible crime. Expect a disagreement about how much of an investigation file the section reaches. Ask anyway, because the response shows what the employer is relying on.

If the complaint was not proven, the person who made it is still protected. The law protects people who complain in good faith, and the state's guide tells employers to check for retaliation after an investigation no matter whether the allegations were determined to be correct. Discipline is a different matter when an employer concludes that a complaint was knowingly false. That rule comes from Joaquin v. City of Los Angeles, covered below.

Can you be fired over an accusation?

Usually, yes. Labor Code section 2922 says that employment with no specified term can be ended at the will of either side. In Guz v. Bechtel National, Inc., the California Supreme Court said in 2000 that an at-will employer may end the job without the warnings, fair procedures or objective evaluation that a contract might promise. What it cannot do is act for a reason the law forbids.

The employer does not have to be right. The leading case is about a sexual harassment accusation. In Cotran v. Rollins Hudig Hall International, Inc., a senior executive who could be fired only for good cause was let go after two coworkers accused the executive of sexual harassment. The executive denied it and sued. The jury was told to decide whether the harassment had really happened, and it found for the executive.

The California Supreme Court held in 1998 that this was the wrong question. The right one is whether the employer, acting in good faith and following an investigation that was appropriate under the circumstances, had reasonable grounds for believing the misconduct took place. The court said an adequate investigation includes notice of the claimed misconduct and a chance for the employee to respond.

That is the rule for an employee who was promised good cause. An at-will employee starts with less.

How courts apply it. Later the same year, in Silva v. Lucky Stores, Inc., the Court of Appeal applied the test to a store manager fired after two employees accused the manager of harassment. The employer won without a trial. Its investigation had run for about a month, and the court found no real dispute that the employer acted in good faith on reasonable grounds.

The same idea runs through discrimination cases. In King v. United Parcel Service, Inc., the Court of Appeal said in 2007 that what matters is the employer's honest belief in its stated reason, and not whether the underlying facts turn out to be true.

What this means for you. "They got it wrong" is not a lawsuit by itself. Three questions decide whether there is a case:

• Was the investigation real, or was the result decided first?
• Did the employer honestly believe what it found?
• Was the accusation the true reason, or a convenient one?

Who has more protection:

• Employees with a contract. A promise that you will be fired only for cause puts you under the Cotran rule. The employer needs good faith, a fair investigation and reasonable grounds. A written contract for a fixed term can give you more than that, so have it read.
• Union members. Most union contracts require just cause for discipline and give you a grievance and arbitration process. An arbitrator, and not the employer, usually has the last word. The time to file a grievance is short, often a matter of days.
• Permanent public employees. Under Skelly v. State Personnel Board, a 1975 California Supreme Court decision, a permanent public employee is entitled before discipline takes effect to notice of the proposed action, the reasons for it, a copy of the charges and the materials they rest on, and a chance to respond. Appeal rights under civil service rules come after that.
• Peace officers and firefighters. Each group has a procedural bill of rights in the Government Code.
• Licensed professionals, teachers and professors. Many have their own procedures, and some findings are reported to a licensing board.

If you are offered the choice to resign. Do not decide in the room. Ask for the offer in writing and for time to think. A resignation can affect unemployment benefits and the claims you may have, and a severance agreement will contain a release. See severance agreements.

When the accused person has a claim

A wrong result is not illegal by itself. These are the situations in which the law gives an accused employee a case.

Discrimination in who is believed and how hard they are punished. Government Code section 12940 bars an employer from firing or disciplining someone because of race, color, religion, national origin, ancestry, sex, gender, sexual orientation, age if you are 40 or older, disability or another protected trait. An employer that assumes guilt because of who you are is discriminating. So is one that fires you for conduct that earned someone of a different race, sex or age a warning. The best evidence is how the employer handled similar accusations against other people. The state's guide tells employers to check exactly that before they impose discipline. See workplace discrimination.

An accusation used as cover for retaliation. Timing matters when an accusation surfaces, or is suddenly acted on, soon after you did something the law protects. That includes reporting discrimination, harassment, unpaid wages, a safety problem or illegal conduct, and taking protected medical or family leave.

In Nazir v. United Airlines, Inc., the airline fired an employee of more than 16 years and said the reason was that the employee had used force against a janitor. According to the lawsuit, the employee, who is of Pakistani ancestry, had complained repeatedly about name calling and harassment. The trial court ruled for the airline without a trial. In 2009 the Court of Appeal reversed and found that pretext was a question for trial. It noted that the investigators had not interviewed witnesses the employee named, and it said an employer's failure to interview witnesses who might clear the accused person is evidence of pretext.

A sham investigation is evidence. California does not generally allow a lawsuit over a careless investigation alone. In a discrimination, retaliation or contract case, though, the quality of the investigation is evidence of whether the stated reason was the real one. Signs that matter:

• The decision was made before you were interviewed.
• Your witnesses and documents were ignored.
• The investigator had a stake in the result or a tie to one side.
• The employer skipped steps in its own written procedure.
• The investigation started right after your own complaint or leave.
• The reason given for the firing changed over time.
• Other people accused of the same thing were treated more gently.

Breach of a promise of good cause. If your contract or your employer's policies limit firing to good cause, the Cotran test applies. An employer that never told you the allegations, never asked for your side or acted on no reasonable grounds has not met it.

Public employee due process. A public employer that skips the notice and the chance to respond required by Skelly can owe back pay, and discipline imposed without the hearing its civil service rules provide can be set aside.

Retaliation against you as a witness or complainant. If you had made your own good faith complaint, or backed up someone else's, you are protected like anyone else. An accusation against you does not cancel that.

What is usually not a claim. "Human resources believed the other person," "I was not shown the complaint" and "the result was wrong" do not make a case alone. They become evidence when one of the grounds above is present. See wrongful termination and workplace retaliation.

Defamation: can you sue over a false accusation?

Sometimes. It is rarely the right first move, and it is never a move to make without advice.

What defamation is. A false statement of fact, made to someone other than you, that harms your reputation. Written defamation is libel and spoken defamation is slander. An opinion is not defamation, and a true statement is not either. A false statement that you committed a crime, or one that directly injures you in your profession, is treated as harmful on its face.

The deadline is one year. Code of Civil Procedure section 340, subdivision (c), gives one year for libel and slander.

Most workplace complaints are privileged. A privilege means the statement cannot be the basis of a defamation suit, either at all or unless you prove malice. Malice here means the speaker acted out of hatred or ill will, or had no reasonable grounds to believe the statement was true.

Losing costs more than your own fees. Section 47.1 took effect in 2024. A person who is sued for defamation over a statement that section protects, and who wins, is entitled to attorney's fees and costs, plus three times any harm the lawsuit caused them, and punitive damages where the law allows them.

There is a second risk. Code of Civil Procedure section 425.16 lets a defendant ask the court at the start of a case to strike a claim that arises from protected speech, such as a statement to a government agency or in a court case. If the motion is granted, you pay the other side's attorney's fees. Whether that statute reaches a complaint made only inside a private company depends on the facts.

A lawsuit can make things worse. It puts the accusation in a public court file under your name. It opens your messages and your history to the other side's lawyers. It also invites a claim against you for the harassment.

When it can make sense. You have clear proof that the statement was knowingly false, such as records that put you somewhere else or messages that show a plan to invent it. The statement was spread to people with no reason to know. The harm is real and you can prove it. Even then, get advice first and count the year.

Do not threaten a lawsuit to stop a complaint. A threat to sue someone for reporting to their employer looks like intimidation. Employers fire people for it, and it becomes evidence in any case that follows.

References and your next job

What a former employer may say. Many employers give only dates and job title. The law allows more. Civil Code section 47, subdivision (c), protects an employer's statement about a former employee's job performance or qualifications when it is based on credible evidence, made without malice, and given at the request of a prospective employer. The same subdivision lets an employer answer, without malice, whether it would rehire the person, and whether a decision not to rehire rests on its determination that the person engaged in sexual harassment.

What it may not do. Under Labor Code section 1050, it is a misdemeanor for an employer to use a misrepresentation to prevent, or try to prevent, a former employee from getting work. Section 1054 allows a civil suit for three times the damages. Section 1053 leaves an employer free to give a truthful statement of the reason for a discharge when it is asked for one.

Explaining it yourself. You generally cannot sue over a statement that you repeated. California courts recognize a narrow exception, traced to McKinney v. County of Santa Clara in 1980. It applies when the person defamed was under a strong compulsion to disclose the statement, as when a job applicant has to tell a prospective employer the reason given for a firing. The exception is narrow, so do not build a plan on it.

Be truthful on applications. "My employer ended my employment after an accusation that I denied" is true and complete. A false answer about why you left is a separate reason to fire you later.

The record can sometimes be negotiated. A neutral reference, the wording of the reason for separation, or a resignation in place of a termination are usually dealt with in a severance agreement. Read severance agreements before you sign one.

Unemployment, final pay and severance

Being fired does not disqualify you from unemployment benefits. Under Unemployment Insurance Code section 1256, the way a job ends disqualifies you only if you were discharged for misconduct connected with the work or quit without good cause. The section presumes that a discharge was not for misconduct unless the employer gives the Employment Development Department written notice of facts that show otherwise. The employer carries the burden of proving it.

What counts as misconduct. A willful or wanton disregard of the employer's interests. A mistake, poor judgment or an honest disagreement is not misconduct. Sexual harassment that is proven is. An accusation is not proof, and the department decides the question for itself. It is not bound by your employer's investigation.

Apply right away. If the claim is denied, you have 30 days from the date the notice was mailed to appeal. An appeal gets you a hearing before an administrative law judge, where you can testify and bring documents.

If you were told to resign or be fired, tell the Employment Development Department exactly that. Do not describe it only as a resignation.

Final pay. If you are fired, all earned wages are due on your last day, and accrued vacation is paid as wages. An employer that willfully pays late owes a penalty of one day's wages for each day of delay, up to 30 days. An employer may not make you sign a release to get wages you have already earned.

Severance. No law requires severance, and an employer can ask for a release of claims in exchange for it. Under Government Code section 12964.5, an employer that offers a separation agreement must tell you that you have the right to consult an attorney, and must give you a reasonable time to do it, not less than five business days. If you are 40 or older, federal law gives you at least 21 days to consider a release of age discrimination claims and seven days to revoke it after you sign.

What to ask for. A neutral reference, agreed wording for the reason you left, and an agreement not to contest your unemployment claim. Get every promise into the written agreement.

If you are sued personally

Individuals can be liable for harassment. Under Government Code section 12940, subdivision (j)(3), an employee is personally liable for harassment that the employee commits, whether or not the employer knew about it. Individuals are not personally liable under the Fair Employment and Housing Act for discrimination or for retaliation. The California Supreme Court said so in Reno v. Baird in 1998 and in Jones v. Lodge at Torrey Pines Partnership in 2008. A lawsuit may also include claims such as battery or intentional infliction of emotional distress, which can be brought against an individual.

Do not ignore the papers. A summons generally gives you 30 days after service to file a written response with the court. If you miss it, the person suing can ask for a default judgment, and you lose without being heard. A letter or a phone call to the other side's lawyer is not a response.

Ask your employer in writing to defend you. Labor Code section 2802 requires an employer to reimburse an employee for necessary losses that are a direct consequence of doing the job. In Jacobus v. Krambo Corp., a company refused to defend an executive whom a secretary had sued for sexual harassment. The executive went to trial alone, and the jury found there had been no harassment. The Court of Appeal held in 2000 that the company had to reimburse the cost of the defense.

The other side of that rule is Farmers Insurance Group v. County of Santa Clara. The California Supreme Court held in 1995 that a county did not have to pay the defense or settlement costs of a deputy sheriff whom three coworkers had sued for sexual harassment, because that kind of conduct is outside the scope of the job. So the result of the case decides who pays in the end. Ask early anyway, and keep a copy of the request.

Ask about insurance. Some employers carry a policy that covers individual employees. A lawyer can tell you whether that policy, or one of your own, may pay for a defense.

The employer's lawyer represents the employer. If the company's lawyer offers to represent you as well, ask in writing whether your interests conflict. They often do, because the employer's best defense may be that it acted quickly against you.

If you are named in a Civil Rights Department complaint. Do not ignore it, and do not contact the person who filed it. Retaliating against someone for filing is a separate violation.

Keep everything. Once a claim is expected, deleting messages or files can bring court sanctions and will be used against you. If the case goes forward you will probably be questioned under oath. See what to expect at a deposition.

If the police are involved

Some accusations describe crimes, such as sexual battery, assault, indecent exposure or stalking. The person who complained can go to the police whether or not the employer investigates.

You do not have to answer police questions. Say that you want a lawyer, and stop talking. That is not an admission. Do it even if you are sure you could clear things up in a few minutes.

Two investigations, two standards. Your employer decides on what is more likely than not. A criminal case needs proof beyond a reasonable doubt. A decision not to file charges does not bind your employer, and neither does an acquittal.

An arrest alone. Labor Code section 432.7 generally bars an employer from using an arrest that did not lead to a conviction as a factor in an employment decision. It does not stop the employer from acting on what its own investigation finds.

Restraining orders. A person can ask a court for a civil harassment restraining order, and an employer can ask for a workplace violence restraining order on an employee's behalf. If you are served with one, obey it exactly, even if you think it is unfair, and go to the hearing. Violating a court order is a crime.

False reports. Under Penal Code section 148.5, knowingly making a false report of a crime to the police is a misdemeanor. Civil Code section 47, subdivision (b), removes the privilege from a report to law enforcement that the person knew was false or made with reckless disregard for the truth. Both rules turn on what the person knew. A report that could not be proven is not a false report.

If you reported harassment and are being called a liar

This section is for the person on the other side of the accusation. If you reported harassment and the answer has been "you made it up," these are the rules.

You do not have to prove it to report it. In Yanowitz v. L'Oreal USA, Inc., the California Supreme Court said in 2005 that the law protects an employee who opposes conduct the employee reasonably and in good faith believes is unlawful, even if a court later decides it was not. The same protection covers a complaint that an investigation could not confirm.

"Not substantiated" is not a finding that you lied. It means the evidence was not enough. Most complaints that end that way involve two accounts and nothing on paper.

When an employer can discipline someone for a false complaint. In Joaquin v. City of Los Angeles, a police officer complained that a sergeant had sexually harassed the officer. The department investigated, a board concluded that the complaint was fabricated, and the officer was fired. A jury awarded the officer $2.1 million for retaliation. The Court of Appeal reversed in 2012. It held that an employer may discipline an employee when it concludes in good faith, after investigating, that the employee knowingly made a false complaint. The court was just as clear about the limit. The employee can still win by showing that the conclusion was a pretext and that the real reason was the complaint.

What that takes. A real investigation, evidence that you knew the complaint was untrue, and a decision made in good faith. "We could not confirm it" is not enough. Neither is "the other person denied it."

A weak investigation helps the person who was punished. In Mendoza v. Western Medical Center Santa Ana, a hospital fired a longtime nurse after the nurse reported sexual harassment by a supervisor. A jury awarded $238,328. In 2014 the Court of Appeal ordered a new trial because of an error in the jury instructions, but it refused to rule for the hospital outright. It pointed to the investigation. There was no formal plan and there were no written statements. The two people were interviewed together, by their own supervisor, who was not a trained human resources employee. The court said employers should conduct a thorough investigation and make a good faith decision based on the results.

No witness does not end it. The state's guide tells investigators to weigh credibility when the accounts conflict. What helps is anything made at the time: messages, notes written the same day, and the people you told. See text messages and other evidence, witnesses and how to document harassment.

Be exact. Report what you saw and heard, with dates. Do not round up, and do not guess at what you did not see. One exaggerated detail gives an employer a reason to doubt the rest.

If you are threatened with a defamation suit. A sexual harassment complaint to your employer, made without malice and based on credible evidence, is privileged. A complaint to the Civil Rights Department is absolutely privileged. Under Civil Code section 47.1, a person with a reasonable basis to complain who is sued for defamation and wins recovers attorney's fees, costs and three times the harm the suit caused. A threat like that from a supervisor can also be retaliation.

Retaliation after an unproven complaint is still retaliation. A demotion, a cut in hours, a transfer you did not ask for or a firing because you complained is unlawful whether or not the complaint was confirmed. See whether you can be fired for complaining, workplace retaliation and confidentiality in a harassment case.

A complaint to the state is verified. You sign it as true. Be as careful there as you were with your employer.

Deadlines

These periods run separately, and waiting for the investigation to end does not stop them.

For the full set of harassment deadlines, see the statute of limitations page.

Questions people ask

Tell us what happened

If you were disciplined or fired after an accusation and you think the real reason was something else, or you reported harassment and are now being treated as the problem, tell us what happened. We will tell you whether you have a claim and what it involves. If it is not something we handle, we will say so. It is free and confidential.

(800) 371-3088 or send what you have.

Related reading: the sexual harassment guide, wrongful termination, workplace retaliation, how long human resources has to investigate, harassment by a coworker, harassment of nurses, and harassment in restaurants.

Sources

1. California Government Code section 12940, subdivisions (a), (h), (j) and (k): discrimination, retaliation, harassment, personal liability for harassment, and the duty to prevent.
2. California Code of Regulations, title 2, section 11023: what an employer's harassment policy must say about investigations, due process, confidentiality and retaliation.
3. California Civil Rights Department, Harassment Prevention Guide for California Employers: fairness to all parties, credibility factors, the standard of proof, confidentiality and discipline.
4. U.S. Equal Employment Opportunity Commission, Select Task Force on the Study of Harassment in the Workplace, report of the co-chairs, June 2016: how often harassment is reported and why people stay silent.
5. California Labor Code section 2922: employment at will.
6. California Civil Code sections 45 and 46: libel and slander. Section 47, subdivisions (b) and (c): privileged statements, including harassment complaints, employer references and reports to law enforcement. Section 47.1: statements about harassment made without malice, and fees and treble damages for a defendant who wins.
7. California Code of Civil Procedure section 340, subdivision (c): one year for libel and slander. Section 425.16: the special motion to strike.
8. California Labor Code sections 1050, 1053 and 1054: misrepresentations that block a former employee's work, truthful statements of the reason for a discharge, and treble damages.
9. California Labor Code sections 1198.5, 432.2 and 432.7: personnel records, lie detector tests, and arrests that did not lead to a conviction.
10. California Labor Code section 2802: reimbursement of losses incurred in doing the job.
11. California Labor Code sections 201, 203, 206.5 and 227.3: final pay, waiting time penalties, releases of earned wages, and accrued vacation.
12. California Unemployment Insurance Code sections 1256 and 1328: disqualification for misconduct, the presumption against it, and the 30 days to appeal.
13. California Government Code section 12964.5: separation agreements and the time to consult an attorney. United States Code, title 29, section 626, subdivision (f): releases of age discrimination claims.
14. California Penal Code sections 632 and 148.5: recording a confidential conversation, and false reports of a crime.
15. California Code of Civil Procedure sections 527.6 and 527.8: civil harassment and workplace violence restraining orders.
16. California Government Code sections 12960 and 12965: the three years to file with the Civil Rights Department and the one year to sue after the notice. U.S. Equal Employment Opportunity Commission, Time Limits for Filing a Charge.
17. California Code of Civil Procedure sections 335.1, 337, 339 and 412.20: time limits for wrongful termination and contract claims, and the time to respond to a summons. Government Code section 911.2: claims against public entities.
18. California Government Code sections 3303 and 3253: interrogations of peace officers and firefighters. Business and Professions Code section 7520: the license required of private investigators.
19. Firing and investigations: Cotran v. Rollins Hudig Hall International, Inc. (1998) 17 Cal.4th 93. Silva v. Lucky Stores, Inc. (1998) 65 Cal.App.4th 256. King v. United Parcel Service, Inc. (2007) 152 Cal.App.4th 426. Guz v. Bechtel National, Inc. (2000) 24 Cal.4th 317. Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243. Mendoza v. Western Medical Center Santa Ana (2014) 222 Cal.App.4th 1334.
20. Complaints made in good faith and complaints found to be false: Yanowitz v. L'Oreal USA, Inc. (2005) 36 Cal.4th 1028. Joaquin v. City of Los Angeles (2012) 202 Cal.App.4th 1207.
21. Personal liability and the cost of a defense: Reno v. Baird (1998) 18 Cal.4th 640. Jones v. Lodge at Torrey Pines Partnership (2008) 42 Cal.4th 1158. Jacobus v. Krambo Corp. (2000) 78 Cal.App.4th 1096. Farmers Insurance Group v. County of Santa Clara (1995) 11 Cal.4th 992.
22. Other decisions: McKinney v. County of Santa Clara (1980) 110 Cal.App.3d 787, on repeating a defamatory statement under compulsion. NLRB v. J. Weingarten, Inc. (1975) 420 U.S. 251, on union representation in an investigatory interview. Skelly v. State Personnel Board (1975) 15 Cal.3d 194, on discipline of permanent public employees. Lybarger v. City of Los Angeles (1985) 40 Cal.3d 822 and Spielbauer v. County of Santa Clara (2009) 45 Cal.4th 704, on compelled statements by public employees. Holmes v. Petrovich Development Co. (2011) 191 Cal.App.4th 1047, on messages to a lawyer sent from an employer's computer.