I was recently asked to participate in an company investigation on my boss regarding sexual misconduct in the workplace. They've had problems, or suspicions before this. I've cooperated and admited that he and I had a sexual relationship that I tried to end twice. Both times his hostility towards me was so intense that I felt forced to apologize and resume the relationship. He's currently on administrative leave pending the outcome of the investigation. Do I need representation at this point?

To make matters worse, my boss is the VP of HR and I have never received a performance appraisal the entire time I've worked for him and I haven't received a raise of any kind in the past two years. I live and work in California.

You don't need an attorney as you are the alleged victim. You may want an attorney if you want ot pursue action against the company or if the company attempts to get you to sign a release.

The COO of our company had a brief update as to his status and him being on administrative leave.

What are my legal options is he is allowed to return to the workplace? There was a brief mention in the meeting as to "if" he returns.

You have the right to work in a place free from sexual discrimination and harassment. While termination of an offender is not required, your employer is to do whatever is necessary to ensure that the discrimination and sexual harassment stops. This may involve transfer of the offender...not the victim.

As far as him not giving me any performance appraisals and no salary increase in the past two years, is there an recompense?

Also, the HR manager talked about moving my desk location and/or possibly transferring me to another department. He has so sullied my reputation that there is no one I could potentially work for. For clarification, if he does come back, my position cannot legally be changed... but his can and/or must?

The sad thing is that this is the VP of HR and I'm not the only victim who's been interviewed.

I agree that it is really sad for a person in a such a responsible position did this. The company is legally not required to go back for an evaluation. However, it could be forced to if the matter would be settled in exchange for you dropping your complaint with the EEOC (if that is what you decide to do) or if the whole thing went to court.

What are my options if the HR manager decides to change my position and/or title?

She has been talking about moving me. :confused:

It sounds like the HR staff in that company need a lot more training. To force you to move or to demote you is very problematic, as far as resolving sexual discrimination and harassment. It would be seen as retaliation. If the HR staff is doing things like this, perhaps you should be talking to an attorney.

I'm at the point right now where the mere thought of going into work sends me into a panic.

I fear personal retaliation from him even if he never enters the office again.

I don't know what my options are if he does come back to work... I can't even fathom the thought of being in the same building with him.

If you refuse to go to work, you could harm your ability to file a complaint against your employer. While I understand that this is stressful for you, you need to talk with an attorney before you do anything more.

Would there be any ramifications if I went on a stress-induced leave of absence?

No, not if you can get one authorized. It will be need to go through the workers' compensation process and your physician will need to verify the need for a leave.

for all of your input. It's much appreciated.