What can I do if I had to quit my job because of sexual harassment?

Question

I filed a sexual harassment and the management questioned all the people who had been present when this guy was calling me the C word and when he would say things like "ill buy you stuff if you were my girlfriend" ect. 

In the end he is still working for the same company. I was still seeing him every day and it didn't change anything as making me feel secure. 

I just recently quit due to being really stressed out by this and having another coworker behaving the same way. 

I never went back to management for any other complaints because I was embarrassed and I thought I would lose my job. 

But it has taken a toll on me and I wonder if I have a case against my employer. There's a lot of other details that i cannot put in here. But the bottom line is, they did not fire him after my complaint, I did not quit immediately, and this was settled a few months ago. Any feedback is very much appreciated. Thank you.

Reza Torkzadeh · Answer

You'll certainly need to speak with an attorney to provide them more details about your situation.  Sexual harassment in the workplace is unacceptable.  You state on here that "this was settled a few months ago."  I think you'll need a consult with an experience attorney who can properly evaluate your case.

Stephen Lombardi · Answer

Sexual harassment cases require you to completely exhaust the  companies  administrative remedies that are available. It doesn't seem like you  did this  before quitting. With 30+ years of experience I would not take this  case  for that reason.

Mark Smith · Answer

Complain to the HR department and then hire an employment lawyer.

Melvin Franke · Answer

You must contact me immediately.  You probably have a very special claim which require an experienced attorney to handle.

Paul Whitfield · Answer

The employer does not have to fire somebody because of your complaint. 

The employer must take reasonable steps to insure the harassment does not continue. 

If they did not, you have a claim. See a lawyer who has some experience in this area.

Charles Perry · Answer

You may have a claim for sexual harassment in the workplace.  

You may also have a claim for constructive discharge based on that harassment, though that is much less clear.  

You need to speak to a plaintiff's employment lawyer about your rights here.  

Many will take a harassment case on a contingency basis, if they feel the claim is strong.  

You can also file a claim with the California Department of Labor, also known as the Labor Commissioner.   

A labor lawyer can help you file this claim if you feel that you are unable to do so by yourself.  

Many lawyers offer a free consultation to help you evaluate whether  you have a claim that is worth the time, effort, and money to pursue.  In any event, you should not wait to act on this claim.

Steven A. Schwartz · Answer

You may have a claim, but you would need to provide more detail to assess the situation properly.  I suggest you call a sexual harassment attorney for a confidential and free consultation.  You may certainly call our office.

Andrew Velonis · Answer

Under the description you provide, this would be very difficult to prove.  You state that there were other people present when the offensive language was used and that the employer questioned them.  Did they stand up for you, or did they suddenly lose their hearing and memory?  You said you never went back to management for any other complaints.  If you had something to complain about, but didn't, that's going to hurt your case.  Finally, you state "this was settled a few months ago"  Settled?  Not sure what you mean by that, but it could mean "over and done with".

Edward Olson · Answer

You may have a valid "wrongful discharge" claim.  You need to contact an attorney immediately.  The statute of limitations on these claims is very short.

David Stoddard · Answer

I cannot say whether you have a case without hearing more details.  It depends on how bad a pervasive the harassment that you complained of was.

Bernard Huff · Answer

Consult with a lawyer who hyandles sexual harassment cases for specific legal  advice and direction.

Richard Rice · Answer

You could  file a complaint against your former employer with the Wisconsin Equal Rights Divison.  Contact that agency or an attorney who handles such claims as I and our firm handle on a regular basis.

Ryan Nalley · Answer

You should contact a lawyer experienced in sexual harassment matters as soon as possible.  You have 180 days to file a claim with the Illinois Human Rights Department, and 300 to file with the Equal Employment Opportunity Commission.  While it is not required to have a lawyer to file such charges, your case will al most certainly suffer if you do not.

Steven Lee Miller · Answer

There is a few thinks you can do:  1.  Still file for unemployment by going to the EDD's website.  The co. might challange you but you should fight it for the reasons stated.  2.  contact the dept of fair employment and housing and register a complaint with them re sexual harassment.  This is generally a prerequisite you need to do, prior to filing a lawsuit for this type of wrongdoing.  3.  Seek out the services of an attorney experienced in Sexual harassment.

William Sanders · Answer

you should contact an attorney that handles discrimination cases.   Sexual harassment is prohibited by law and most companies policies.

Timothy Klisz · Answer

Quitting is a very bad idea because it does not give the company a chance to make it right. This is required under the law. You might be considered constructively discharged, but this is an uphill battle. Not complaining to management is the toughest hurdle, because the law requires it in almost all circumstances.

Michael Yeksavich · Answer

Have you filed an EEOC complaint?  If not then check  into that possibility.

Ronald A. Steinberg · Answer

First, I would get written statements from all the people who will support your claim.  In their own writing.  Stating the name, address and phone.  Where they were when they heard it, who else was around and what was said.  Then get an experienced attorney.

James Osak · Answer

You're the one that didn't follow through. You stopped making complaints. Company might have thought that the situation was under control. You then quit. No more problem. Why is company to blame for you quitting if you didn't inform them? You should have continued to complain, then if fired, you would have had a wrongful termination lawsuit.

John Brennan · Answer

You MIGHT have a case, but the details are insufficient to tell.  You need an employment lawyer.

Gregory Crain · Answer

They do not have to fire him, just stop the harassment.  You should consult an attorney.

Michael Heilmann · Answer

Call an employment specialist today. This type of contact is not acceptable in America.

James Kelaher · Answer

I don't practice in that area but it definitely would be worth your while to contact an attorney who handles sexual harassment and discrimination cases, because if you can verify his statements through other current or former employees, you may have a very good case.

Scott Behren · Answer

You may still be able to bring an EEOC Charge and claim for sexual harassment.  Would need more information.

New User · Answer

You very well may have a case and you should consult an employer. There are a number of issues that must be evaluated, including whether the owner or highest level of management were aware of the behavior. You should obtain a consult and get some advice  from a  lawyer experienced in this type of case.

Bruce A. Coane · Answer

You may still be able to file a complaint with the EEOC. We represent individuals pursuing such complaints.

Joseph John Ganz · Answer

You really should contact a lawyer that represents employees in this kind of situation. You have rights under federal and state law that make illegal the conduct you describe. Under both federal and state law if you prevail then your previous employer will be responsible to pay all of your attorney fees and costs of making a claim against them.

Stuart Nachbar · Answer

Contact the eeoc in your state and tell them what occured.  They can help you.

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What can I do if I had to quit my job because of sexual harassment?

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