Summary
Historic misconduct allegations, even if 15 years old, can be serious. In California, statutes of limitations vary: personal injury (2 years), fraud (3 years), libel/slander (1 year), and sexual assault (10 years or within 3 years of discovery). Employers may have legal obligations to report certain allegations. Consult an attorney to understand your rights and the best course of action. Avoid direct communication with the organization without legal counsel.Full Conversation
A Former employer has contacted me about an allegation made against me of historic abuse and misconduct. An attorney I spoke with said to avoid the organization bc they are trying to absolve themselves of any liability. They have had an attorney contact me and I avoided. Their hr legal department called me again to if I want to respond so I can continue volunteering. How is the possible are they just trying to get me to talk
It seems like you're dealing with a potentially serious situation. It's important to remember:
- You have the right to remain silent and not incriminate yourself.
- You can consult with an attorney before responding to any allegations.
- Confirming the nature of allegations before responding is crucial.
If you prefer, I can provide information about local legal aid organizations in California.
They said the allegations were kissing touching using alcohol and drugs and texting inappropriately
It's a serious situation. **** California, you have rights:
- Right to an attorney
- Right to remain silent
- Right to understand the charges before responding
Consult an attorney before any further steps. Would you like me to provide contacts for legal aid organizations in California?
If they’re hr and legal are contacting me is it possible they have not or will not contact the state
It's possible that they have not contacted the state. However, depending on the seriousness of the allegations, they may be legally obligated to do so. It's critical to consult with your attorney about this.
Why would they be obligated to contact the state don’t they want to keep it from the public too
Employers may have legal obligations to report certain allegations, especially those involving abuse, to state authorities. This is to ensure:
- Compliance with state laws and regulations.
- Protection of other employees or volunteers.
- Demonstrate that they are taking the allegations seriously.
Always consult with your attorney about such matters.
The one time we spoke the organization representative said the accuser doesn’t want to do anything legal just to keep me from being involved
Even if the accuser doesn't wish to pursue legal action, the organization may have its own policies regarding such allegations. It's essential to consult with your attorney to identify your rights and the best course of action. Would you like information about local legal aid organizations in California?
The attorney I consulted said to avoid the organization
That seems like a prudent advice. It's important to avoid any direct communication with the organization without your attorney present. This is to protect your rights and ensure you don't inadvertently incriminate yourself.
Do things such as this often go to trial
It depends on many factors, including the seriousness of the allegations, the evidence available, and the parties involved. Some cases may settle out of court, while others may go to trial. Always consult with your attorney for advice tailored to your situation.
Is it serious even if it historic and 15 years old
Yes, even if the allegations are historic and 15 years old, they can still be serious. California has different statutes of limitations for different types of misconduct. It's crucial to consult with your attorney to understand how these could apply to your situation.
What are the statutes
**** California, the statutes of limitations for different types of misconduct are:
- Personal ****jury: 2 years
- Fraud: 3 years
- Libel/Slander: 1 year
- Sexual Assault: 10 years (or within 3 years of discovery)
These are general guidelines. Consult an attorney for specifics.
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