Sexual Harassment Legal Questions

I would not speak with anyone about the case at all.  If you are a union employee, you need to keep your representative in the loop and make sure they are helping you.  I would hire an attorney to protect my interests regardless.  These kinds of cases can be incredibly destructive.  Don't waste any time consulting with an experienced attorney.... Read More

Did the associate find the comments you made harmful or offensive? Was it more than just a stray remark? Do you have some history with this associate either confrontationally, personally, or otherwise? You need a consultation with an employment lawyer immediately! Here's the problem you face today. You state that "this same associate had harassed me sexually in the store." Does not your employer have policies and procedures that your duty as an employee includes promptly reporting sexually harassing conduct to HR or someone else immediately? Sometimes they call it zero tolerance. If so, why did you not do so? Employees in today's workplace who observe or experience or hear hostile comments or behavior and do not report that at a zero tolerance workplace may be signing their own termination papers for not complying with policies and procedures if the conduct is severe or pervasive. In our environment today everything that even smells hostile or offensive should be reported and the first person to do so might be the winner, absent a decent defense strategy. Lawyer up.  ... Read More

Discuss it with no one except a labor and employment lawyer. HR will look into it and might investigate it. When HR interviews you speak only to the investigator and no one else. If an employee discusses an ongoing investigation with anyone except their lawyer that is usually rises to the level of insubordination. The employee may be fired. Before you possibly conduct your own informal investigation (usually a bad idea) consult a labor and employment lawyer. This is a great example of why any type of personal or romantic relationship at work might be the worst thing an employee can do for their job or career. Hiring family members might be the second thing because if 1 family member needs to go what will the morale of the remaining ones be? Employers who hire that way think they are taking the least risks when in fact they are likely burying their productivity and destroying morale.  ... Read More

You should get written statements from the eye witnessess who were present. Our experience is that these witnesses are loathe to cooperate. If you have supporting witnesses, you should submit these written statements to youe employer, together with your written statement. This will allow the employer to do an investigation and make a finding. Ed Dimon, Esq. 732-797-1600... Read More

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

Sexual harassment has to be severe or pervasive. This is regardless of age. Next time you might be able to get an order of protection signed by a judge. That would almost certainly result in the harasser losing their job. You did the right thing. You reported him. Take notes pay attention to work behaviors and report everything that is severe or pervasive meaning it happens a lot or over and over. Good luck. Again you did the right thing. An isolated incident is not enough. Assuming he has not repeated it he got the message. He could and may lose his job next time.  ... Read More

It appears like you have a case. When a manager or supervisor or as in your case, a president sexually harasses a subordinate employee, that subordinate does not have a duty to report the harassment. The challenge will be if you have independent corroboration to prove he did this to you. Discuss in private with counsel.   Stephen Black Office in Orlando and Houston.... Read More

I'm very sorry to hear you have been treated in this manner. You should contact a sexual harassment lawyer. Many law firms, including my office, provide free consultations. We represent employees throughout Ohio on sexual harassment matters.   Ohio sexual harassment attorney http://mcoffmanlegal.com/sexual-harassment-lawyer-columbus-ohio/... Read More

When an employee sexually harasses another employee and the victim of the harassment reports it to her supervisor or manager, the company is then under a legal duty to investigate the problem and discipline or fire the perpetrator. At the very least the two should not have been working together after the manager became aware of the situation. It appears that your daughter's company did not take any of the aforementioned remedies and consequently the store is probobally liable. I have done many of these cases in Texas and in Florida and liability looks pretty solid here.   Stephen Black, Attorney Offices in Orlando and Houston... Read More

If there was a hostile work environment based upon actions and words that constitute a sexually harassing course of conduct, then your employer could be held liable provided u complained about it and they took no action. The success of your case depends on the pervasiveness of the harassment. We’re u fired or retaliated against after u put the company on notice if the problem?   Steve  Licensed in Texas and Florida ... Read More