North Carolina Sexual Harassment Legal Questions

It is extremely imporant that you speak to an experienced employment attorney as soon as possible to protect your rights. However, keep in mind that attorneys are prohibited from reaching out to you due to bar ethics rules prohibiting solicitation of clients. So, you will need to directly contact the attorney of your choice.... Read More

This is a very tough situation. Also, it is really too complex an answer to provide here.  The short version is that you must report the sexual harassment to the shool and the school must stop the sexual harassment. There is no part of the law that requires the victim to be consulted about, or agree to, the action the school takes. Additionally, in general, one act of harassment is not sufficient to state a claim for unlawful sexual harassment although the fact that it is a video could change the analysis.  If the sexual harassment continues, or the school retaliates against the victim, then there may be a claim for unlawful retaliation.  Claims of sexual harassment or retaliation like this are processed via the Department of Education's Office of Civil Rights and must be received within 180 days of the last act of harassment or retaliation.... Read More

It depends on the situation and the facts.  If you have been told not to discuss it, or you know not to discuss it, then it would not be unlawful for the employer to fire you because it believes you have discussed the matter.  Now, if you are being terminated due to reporting the harassment in the first place, then that is unlawful if you are able to show that you were terminated due to the report only. As for the woman, I assume that this is one of the women that was sexually harassed and my answer is based on that assumption.  The law on sexual harassment is very clear.  Once the harassment reported, or the employer knew or should have known about the harassment, then the employer has an absolute reponsibility to stop the harassment.  The law does not require the employer to terminate the employee who is perpetrating the harassment.  If he gets a "slap on the wrist" and that stops his conduct, then that is all the employer needs to do about the situation.... Read More

If this was one incident, then problably not. If this is ongoing, and is of a sexual nature, then it may be.  In general, if you are being sexually harassed by a supervisor, and the employer has a policy regarding sexual harassment, you must use that policy (i.e. do what it says like file a compaint with HR etc.) and until you do, the employer is not liable for the sexual harassment.... Read More

Harassment, including unwanted touching, is not unlawful in North Carolina unless it is based on race, color, sex, national origin, religion, disabilty or age 40 or older.  Therefore, the reason or the motivation for the "bothering" or "touching" is key.  As such, whether this is a pat on the back or a grab of your privates does matter.  However, if it is happening to you because of your sex (i.e. because you are female) then it generally does not matter if it is sexual in nature or not.  I recommend you speak with an experienced NC employment attorney.... Read More

I am very confused by this post.  It is labeled as "sexual harassment - also payroll deduction." However, there is no mention of sexual harassment in the post.  Also, I do not see a question.  You may want to think about what you want to ask and then re-post this with a specific question (or questions) and just the facts related to your question(s).   In general, employers are only allowed to make deductions from employees wages if the employee has agreed to it in writing.  Also, and in general, a wage and hour lawsuit has a rolling statute of limitations of 2 years (sometimes 3).  So, if you file a lawsuit today for a wage and hour violation on the payroll deduction, you can only collect back two years from today and that keep rolling along until February of 2016 when the statute will run out.  However, if this issue is solely about $10.00 per week, it will not be worth paying an attorney to try to get that money for you.  Therefore, you might want to file with the NC Department of Labor, Wage and Hour Division, to see if they can help.  Time is running out though.... Read More

Not sure what you are asking.  If you believe you were subjected to sexual harassment, it would be very helpful if another person (the outside person you mention) could testify to any sexual harassment they saw.  Sexual harassment has a very specific legal definition so just another person thinking something is sexual harassment does not make it so.... Read More

Not sure what your question is, however, an employee in North Carolina can be terminated for good reason, bad reason or no reason at all.  Alleged sexual harassment is a good reason to fire an employee whether it is true or not.  You cannot file a wrongful firing claim in North Carolina unless you can prove the motive for the termination was unlawful discrimination or unlawful retaliation.... Read More

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 More

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 More

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 More

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 More