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View Full Version : should i press charges?


kai22
05-17-2006, 03:30 PM
I was working for a great company, and did my work well. but the only problem there was a supervisor who used his position to his advantage. he would often tell me to go "out" with him to lunch and i would not have to clock out-- he would often tell me to stand up so he could check me out, rubbing my legs and shoulders playing in my hair and it made my job hard to concentrate. i would often tell him to stop and even went to his boss but nothing was done but in turn me getting fired for not "meshing" with my work enviroment. till this day he still trys to call and talk to me. I am looking into pressing charges but i dont know if i have a case. i have emails that he sent on how he masterbated when he thought about me and saying of things-- but i dont know if i have a case-- i dont want to be the one that makes him lose his job, i am not the only one either other girls want to come forward but are afraid, even more so since i got fired when i rejected him over and over again, please give me some advise! i dont want anyone to go thru what i did should i or not

ElleMD
05-17-2006, 03:46 PM
I'm not sure if you have enough to press criminal charges, you might post this in one of the legal forums further down the page if that is your intention.

From an employment point of view, it does sound an awful lot like sexual harassment. What evidence do you have that you were terminated because you rejected his advances? How did he get you fired? Did the person who fired you know about any of this harassment? How often did he do these things? Did you follow up on your complaint or complain to anyone else besides his supervisor? Was it clear when you complained that he was sexually harassing you? I'm not saying you don't have a case, just asking what kind of case you do have.

You can file charges with the EEOC. You can find more info about that here http://www.eeoc.gov/types/sexual_harassment.html

Blue22
06-05-2006, 02:38 AM
I would file charges what would you have to lose and why would you let that person do it to somebody else. fedral says you have 180 days to file but alot of the states will let file up to 300 days. Go to EEOC.gov. If I was you I would look up Quid pro quo (Latin for "something for something". Remember there is 2 types of sexual harassment. I would also look up Faragher v. City Of Boca Raton, Ellerth v. Burlington Industries. I would also look up constuctive discharge. I filed one on (deleted by moderator) because (deleted by moderator) kept put his hand were they dont be long. Further more from what i understand anybody that was subjected to that enviroment is subjected to a hostile work inviroment they can also file no matter if they were the one that he was doing it to.

ElleMD
06-05-2006, 06:58 AM
While there is such a thing as third party claims in SH, generally they are reserved for those cases where the total environment is tainted by lewd talk and baudy behavior. A coworker of someone who is being harassed personally would not have a case because there has been no effect on their own work environment, or the terms and conditions of their employment.

Blue22
06-05-2006, 11:27 PM
So a employee that is being abuse in your presant does not create a hostile work inviroment. So a employee should have to witness mentaly disturbing situation at work that are based on a pretext of a protected class. A employee should fear going to work but your saying because it wasnt directed towards them it is okay. Think about it, if everybody is making sexual coments like your saying and everybody was involved then you cant have a sexual harassment because it wouldnt be unwanted because everybody is egging it on. Who would be your victom?

ElleMD
06-06-2006, 09:04 AM
Where are you getting this from? There is nothing at all to suggest that this is the case in the least. For one thing, the OP is the one being harassed if anyone is, so there is no third party. Even if there were there is absolutely no indication that this fictious third party is being forced to witness any of this behavior or that "everybody" is making sexual comments and egging "it" on.

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