Employer accused of sexual harassment defense counsel

Most workplace harassment allegations are not criminal matters. Some are, and the line is not always obvious at the outset: unwanted physical contact, conduct alleged against a subordinate in circumstances a statute addresses, recording without consent, or conduct involving a minor employee can each cross it. The immediate risk is that an internal process running on an employment timetable generates statements that a prosecutor later reads. Law Offices Of SRIS, P.C. has practiced since 1997 and Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Reach our location at (888) 437-7747.

Table of Contents

Where the Criminal Line Sits

Conduct described as harassment in an employment context can engage criminal provisions where it involves unwanted physical contact, where a statute addresses conduct by a person in a supervisory position in defined circumstances, where recording or image capture occurred without consent, or where the complainant is a minor. Stalking and communications provisions can also apply to conduct that began as workplace behavior.

Establishing early whether criminal exposure exists is what determines how the internal process should be approached, because the answer changes the calculation entirely.

The Internal Investigation Is Not Neutral

An employer investigating a complaint is protecting itself. Its investigator — internal or external counsel — acts for the company, and any privilege attaching to the investigation belongs to the company rather than to the individual. The company may waive it, and it may disclose the investigation file to a prosecutor or in civil litigation.

An individual who gives a full account to that investigator, believing the conversation is protected or that cooperation will help, has created a statement that is obtainable. Where the individual is an owner, executive or partner, the position is more complicated still, because the company’s interest and the individual’s can diverge sharply while appearing aligned.

What Runs in Parallel

An administrative charge with a fair employment agency, a civil claim, the internal process, any professional licensing exposure, and where the conduct crosses the line, a criminal investigation. Each applies a different standard and generates its own record.

Employment counsel act on the employment matters. Where criminal exposure exists, that requires separate advice, and coordinating the two is the point — an answer given to resolve an employment claim quickly can be the most damaging document in a criminal file.

Records and Conduct During the Process

Communications through company systems, calendars, access logs, prior complaints and personnel records are all held by the employer, and a suspended employee usually loses access immediately. Preservation requests go out at once.

Do not contact the complainant or potential witnesses, do not use company channels to discuss the matter, and do not delete or retrieve material from company systems — access is logged, and retrieval after an allegation is treated as interference regardless of intention.

Collateral Consequences: Employment, Professional License, Security Clearance, Immigration

The proceedings that run alongside a criminal charge apply their own standards and reach their own conclusions. A professional licensing board can act on conduct that produced no conviction, applying a civil standard of proof rather than the criminal one. A security clearance adjudication examines conduct, candour and judgment, and a clearance can be suspended on an allegation alone. An employer may act under its own policies on its own timetable. For a person who is not a United States citizen, an offence in this category can carry immigration consequences that are severe and in some categories effectively automatic; immigration advice should be obtained alongside the criminal defense rather than after it. The firm does not advise on immigration matters and refers that question.

Frequently Asked Questions

Is workplace harassment a crime?

Usually not, but it can be — where there was unwanted physical contact, where a statute addresses conduct by a person in a supervisory position in defined circumstances, where recording or image capture occurred without consent, or where a complainant is a minor. Stalking and communications provisions can also reach conduct that began at work.

Is the company investigator my lawyer?

No. Internal or external investigators act for the company, and any privilege belongs to the company, which may waive it and may disclose the file to a prosecutor or in civil litigation. A full account given on the assumption it is protected creates an obtainable statement.

I am an owner or executive. Does that help?

It complicates matters rather than helping. The company’s interest and the individual’s can diverge sharply while appearing aligned, particularly once civil or criminal exposure emerges. Separate advice for the individual is more important in that position, not less.

Should I cooperate with the internal investigation?

That depends on whether criminal exposure exists, which is the first question to answer. Cooperation resolves employment issues faster and creates statements a prosecutor can read. Declining has employment consequences. It is a sequencing decision made with advice rather than a matter of instinct.

What records matter?

Communications through company systems, calendars, access logs, prior complaints and personnel records — all held by the employer, and inaccessible to a suspended employee. Preservation requests need to go out immediately, because ordinary retention will dispose of material that could answer the allegation.

Can I speak to witnesses to find out what happened?

No. Contact with the complainant or potential witnesses is treated as interference regardless of intention, and company channels are logged. The same applies to retrieving or deleting material from company systems after an allegation, which is recorded and is read as consciousness of guilt.

About Mr. Sris

Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him.

Speak With Mr. Sris

The internal investigator acts for the company, and a statement given to resolve an employment issue can become the strongest document in a criminal file. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 24, 2026.

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The information on this page is general and is not legal advice. No attorney-client relationship is created by reading it or by contacting the firm. Case results depend on a variety of factors unique to each case. Results may vary.

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