Sexual Harassment Legal Questions

This answer does not create an attorney/client relationship.  I am a S.C. board certified internist and attorney.  This is not sexual harassment, but you do have a case for invasion of privacy and/or slander per se.  I would suggest you hire an attorney who deals with invasion or privacy and slander. Regards, I am Michael G. Sribnick, M.D., J.D. Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com  ... Read Answer

This answer in does not create a lawyer/client relationship.  If the manager was put on actual notice, best done in writing by a woman who was sexually harassed, and did nothing the manager and the owner (as the manager is an agent of the owner) are certainly derelict in their duties, but the man who actually did this is guilty of sexual harassment.  This is not a criminal offense unless he touched someone, as an unwanted touch is a battery.  The man, the manager, and the owner should all be reported in writing to the department of labor.  I would suggest that every woman who was sexually harassed, regardless of age, all file this report together. This type of activity has no place in the workplace, and if any of the women involved is fired, as a result of reporting this, then she would have a case against the man, the manager and the owner under Title 7.  I would hope that the letter triggers an investigation into this matter by the Department of Labor. Regards, Michael G. Sribnick, M.D., J.D. Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read Answer

If there was no sexual harassment and you coerced the statement, then the employer could fire you with no legal liability.  If the sexual harassment occurred, and/or you did not coerce the statement, then you would probably be able to file a claim for unlawful retaliation.  On a separate note, you can try to get the statement, but she is not required to give it to you.  I recommend that you consult with an experienced employment attorney.... Read Answer

the second dismissal by the judge after the re-instatement will be especially difficult to overturn. we can review your file and give you a written opinion of 'opportunities' and costs to take advantage of opportunities for $1500. we will also tell you if there are no opportunites and you can stop spending money on legal fees. ed dimon, esq.... Read Answer

both the judge and lawyers are required the rules for civil litigation. all the parites must move forward in a timely fashion. if there are delays which are unreasonable, the parties will be warned and then the case will be dismissed. the dismissal is most difficult to overturn. the judge made the decision on the record. we could review the record for you to see if there is any opportunity to overturn. the cost for the review would be $1500. ed dimon, esq.... Read Answer

YOU CAN HIRE A PRIVATE DETECTIVE, LANCE LEBARON, TO GATHER THE EVIDENCE AGAINST THE PERSON THAT 'TOUCHED' YOUR SON. YOU WOULD THEN KNOW IF THE 'TOUCHING' WAS A CRIME AND IF WE CAN PROVE THE CASE. YOU THEN 'CONTROL YOUR OWN DESTINY'. LET US KNOW IF WE CAN HELP. ED DIMON, ESQ. 732-797-1600 EXT 235... Read Answer

Since this occurred only twice, it is insufficient to establish a sexual harassment claim.  If this bothers you, perhaps you should speak to the person who is saying this to let them know you do not like it.  If that does not work, then you may want to consider going to management or HR. Your last statement says, "i like that."  If you do like the comments, then it does not matter how many times it is said because it will not be sexual harassment. ... Read Answer

the school has an obligation to record the student's 'complaint'. the school  has an obligation to act upon the complaint. the school may or may not take into consideration the female student having the opinion that the school should not suspend the male student.  her opinion would not be dispositive unless she said that the complaint was a fabrication.  ed dimon, esq.... Read Answer

Employers have a duty to stop sexual harassment once a complaint has been filed.  It sounds like the harassment stopped once you complained.  To that extent, your employer has likely complied with its duty.  However, it is posssible that there are other circumstances that could lead to the employer being liable. ... Read Answer

you need a private detective to interview all witnesses asap. you will then know how people will or will not testify.  is the friend who is bring the charges a co-worker ? a fellow union employee ? have you put the union on notice ? what will you loose if you loose this case ? your job ? damages ? if you have 'something' to loose, you should weigh , with your family and friends, the cost of loosing. you should then borrow the money from family and friends for an attorney. ed dimon, esq.... Read Answer

your reporting the wrongful touching to your employer is crucial. the employer's response is more crucial. how did they respond ? what actions did they take ? i need to know these answers to advise you. in addition, what are the fellow employees saying about this touching ? this must also be addressed by the employer.... Read Answer

At the outset of a new school year we get a number of telephone calls from clients to determine what can be done to remedy a persistent bullying or harassment problem confronting their child at school. There will always be children with discipline problems, but the way schools have approached the problem of bullying and harassment has changed significantly in the last ten years. The Columbine High School massacre of 1999 prompted changes in the law throughout the country with many states adopting a zero tolerance approach. In nearly all circumstances, when we educate a client about their child’s rights, they are able to prompt their school administration into remedying a bullying or harassment issue without our legal intervention. This is a preferred outcome because it resolves the problem without getting into an unnecessarily adversarial relationship with your local school board. I practice in New Jersey. In this state, bullying is prohibited and the antibullying policies have to be posted on a school district's website. Additionally, anti-bulling policies have to have protocols that spell out how a school is obligated to respond to complaints of bulling. States tend to mirror each other's legislation, so check your school website to see if there is anything posted.  Alternatively, Click here for California's anti-bullying law.  Essentially, educate yourself about what your school district's obligations are, and then call the principle and tell him you want to register a complaint and you expect them to follow the policies and procedures they are required to under the law. If that does not resolve the issue, send a letter to your local board of education via fax and regular mail, carbon copying the principle, advising that the principle is not following district policy. If that does not work, then you should consider hiring a lawyer.  Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.... Read Answer

I think you are going to have a difficult time getting an attorney to file such a lawsuit because there is no real financial upside to getting involved in that kind of litigation for an attorney. A more practical route might be to contact the local police and find out if you can prosecute a criminal complaint against the offenders.  Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

It is hard to tell you whether you have a viable cause of action for sexual harassment, since you have not included any details about the specific harassment.  That said, your employer has an obligation to take action if you made such a complaint to stop that kind of behavior.  You should contact a local attorney in Florida who does employment litigation and run the facts of your case by him and he can tell you whether you have a viable claim. They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com... Read Answer

Activities like the one you described constitute sexual harassment. You're entitled to have a workplace free of this kind of behavior. The company that you work for is supposed to have policies and procedures in place so that you can report this behavior so that it can be stopped. You should contact human resources or the manager of the store to report the behavior. If the company fails to remedy the situation you have a valid claim for sexual harassment under the law. If they take action against you for reporting the assistant manager you would have a retaliation claim.  If you need to contact a lawyer you should speak with a local attorney who specializes in employment law. They usually take these cases on a contingency basis and they provide free consultations. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com... Read Answer

Your friend should immediately speak with an employment lawyer - and not wait until she is fired or further retaliated against.  Generally, a victim of sexual harassment has to complain pursuant to the employer's anti-harassment policy.  (Most employers have such a policy).  The employer may be off the hook if it takes immediate corrective action to stop the harassment and does not retaliate.  Your friend should document the alleged retaliation and speak with an employment lawyer to discuss the next step.  Hopefully the employer will knock some sense into this co-worker - or fire him.  In many cases, pigs in the workplace have also harassed others.  Your friend - or her lawyer - should investigate whether there are any other victims of this idiot who can also step forward.  Please understand that this response should not be considered as legal advice and does not create an attorney client relationship.  Your friend should really speak with an employment lawyer ASAP.  Bob Lipman, www.lipmanplesur.com ... Read Answer