Lawyers for Sexual Harassment Allegations at Work

By Dr. Julius Hagen, Attorney-at-Law

Defence in workplace sexual harassment allegations and internal investigations

In these cases, much is decided before any court becomes involved. What matters is how the allegation is recorded, investigated, documented, and classified inside the company. An unprepared reaction can create not only statement risks, but also immediate pressure on role, career, and reputation.

How workplace allegations usually begin

Workplace sexual harassment allegations follow a different logic from a purely criminal case. Many matters begin not with the police or prosecution, but with an HR complaint, an internal report, a disclosure to management, or an investigation by compliance teams or outside counsel. For the accused person, the pressure often starts immediately: interview requests, suspension, loss of managerial responsibilities, exclusion from projects, or preparation of employment measures.

Because the employer is expected to investigate without delay, significant decisions are often taken before it is clear what can actually be proven. That is why the defence should begin not with the dismissal letter, but with the first internal step taken against you.

What may count as sexual harassment at work

Under German employment law, sexual harassment is broader than the criminal offence under Section 184i StGB. The issue is not limited to physical touching. Sexualised remarks, degrading comments, requests, messages, pornographic material, or conduct that burdens the working environment may all become relevant.

At the outset, the key issue is therefore often not whether a criminal offence has already been committed. What matters first is how the employer or internal investigators classify the conduct and on which facts they base that assessment.

Why early statements in internal interviews can be dangerous

Many accused employees want to clear things up immediately. That reaction is understandable, but often unwise. Anyone who speaks before seeing the exact complaint, the documentation, and the internal investigation status is fixing a position too early. Later, phrases used in HR meetings, internal interviews, or emails may be relied on against that person in employment proceedings, internally within the company, and in some cases even in criminal proceedings. Internal fact-finding and criminal defence do not follow the same rules or strategic logic.

Which employment consequences are realistic

A workplace allegation can lead to much more than a warning. Possible outcomes include a warning letter, transfer, reassignment, loss of management duties, suspension, or dismissal. In serious or long-running cases, even summary dismissal may be in issue.

When reporting channels and third-party reports also matter

Not every internal report comes from the person said to be affected. A case may also be triggered by information from the professional environment. In practice, that means internal review can start even where the person later identified as affected has not yet filed a formal complaint. That can materially affect the speed of the process, the internal documentation, and the pressure created from the outset.

How we handle these cases

We advise and represent individuals facing internal investigations together with employment or criminal risk. The key is an early, coordinated strategy that addresses internal procedure, employment consequences, and possible criminal exposure as part of one overall response.