- 14 - 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 claimPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011