Ronald N. and Karen M. Gross - Page 14




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          testified that immediately following the allegation of sexual                  
          harassment, Okabena commenced an investigation into the matter,                
          and each female employee at Okabena was interviewed by its                     
          outside counsel.  Petitioner testified that when the female                    
          employees returned to the office, they were “totally pale and                  
          really shook up”.  At that point, petitioner felt his rights were              
          violated.  Petitioner immediately hired legal counsel and                      
          resigned the next day because he felt he no longer could manage                
          the employees at Okabena effectively as a result of the damage to              
          his reputation.  The investigation, including the interviews of                
          employees petitioner supervised, affected petitioner’s personal                
          and professional reputation adversely, and his relationships with              
          employees quickly deteriorated.                                                
               Although petitioner could not point to a specific defamatory              
          comment, petitioner’s belief that he had been defamed was made in              
          good faith and was not frivolous.  In addition, because                        
          settlement negotiations began promptly after the harassment claim              
          was made and the investigation was conducted, petitioner and his               
          counsel had no opportunity to discover precisely what had been                 
          said and to whom.  If litigation had been filed, that opportunity              
          would have been available to petitioner and his counsel.  The                  
          important fact here, however, is that petitioner asserted a                    
          nonfrivolous claim for defamation in good faith, and that claim                








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