A short while ago, I was sexually harassed by a co-worker at my job. I followed the protocol and "chain of command" as far as filing a claim. It has almost been a month and the only thing my employer has done is kept us on seperate shifts, which has caused me to lose days on my paycheck. I've been considering filing for unemployment because harassment is one of the three factors that entitles a person to receive unemployment. I'm very uncomfortable working at this establishment and my performance has also suffered. What should I do? Please Help!
2006-07-20 15:41:50 · 12 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You should consider asking for the co-worker to take the paycheck hit. If you are feeling that uncomfortable, perhaps you can discuss it with someone and they may let the other person go. Failing that, get the unemployment and start looking for another job.
Good luck, but don't give up!
2006-07-20 15:49:52 · answer #1 · answered by Fennylaise 3 · 1⤊ 0⤋
It is doubtful as the employer has made a good faith effort to rectify the situation by placing you on separate shifts. If that has stopped the harrassment, that has stopped your claim. If you are missing a day's pay because of the shift change, then you need to make a good faith effort with your employer to see what can be done to rectify the situation. You could quit and fight for unemployment if they decide to fight it, but it could take months and you could end up losing.
If the harrassment is continuing, then you need to begin documenting what happened, when it happened, who in management you company you reported it to and what they did about it and when. The better your documentation and your ability to prove that the situation is occurring and that management is not resolving it, the better chance you have of winning if you do have to fight for unemployment.
Another route would be to go to an attorney that specializes in employment law and see if they think that you have a case. Some handle things on a contingency basis, others by the hour, so you would need to find out from their staff how they handle the matters before setting up an appointment. Depending on where you live, an attorney may charge $200-$600 an hour if by the hour. If they handle it on a contigency basis, they usually will only take the case if they think there is a chance of winning and are entitled to 1/3 of the proceeds + expenses if there is a settlement and 40% + expenses if it goes to trial and you win. If you go to trial and lose, you get nothing and some lawyers still want expenses. Find out what their policies are before signing anything.
2006-07-20 22:54:16 · answer #2 · answered by bottleblondemama 7 · 0⤊ 0⤋
Just because you said you were sexually harassed and file a claim does not make it a fact. After investigating many case over 50% were considered no merit. The determination was made after a complete investigation. Make sure of the laws and seek knowledgeable advice. Yahoo Answers is no place to go for answers on this important issue.
2006-07-20 23:04:26 · answer #3 · answered by vacation4me 3 · 0⤊ 0⤋
Approach your supervisor and explain the problem - be sure to specify exactly what you want and why. You have a right to work in an environment you are comfortable in. If things don't change, start looking for a new job where you will feel more comfortable. Be sure to document everything that happens if you decide to take legal action.
2006-07-20 22:44:07 · answer #4 · answered by ♪ ♥ ♪ ♥ 5 · 0⤊ 0⤋
Maybe sue your employer. It sounds like all they did was inconvenience you more. Why should you, the victim, lose those days off your paycheck? They should have kept you on your former shift and fired your co-worker. Instead, they're just letting your co-worker off the hook.
2006-07-20 22:47:21 · answer #5 · answered by cassicad75 3 · 0⤊ 0⤋
Sexual harrassment is a very serious problem these days and your employeer should not be dragging his feet on this. Go over his or her head to the next boss or get a lawyer. I think it can also be hard to prove but stick to your guns.
2006-07-20 22:47:58 · answer #6 · answered by miso1cat 5 · 0⤊ 0⤋
You would have to have proof of what you are claiming. You would also have to prove that the company didn't do anything. They have by separating you both.
If you intend do do anything the very best advice I can give you is to document everything. Carry a notepad around with you and jot down who, what, where, when and if there are any witnesses.
Good luck!
2006-07-20 22:46:58 · answer #7 · answered by Anonymous · 0⤊ 0⤋
law suit, or contact the EEOC department of your state and file a real complaint with the government
2006-07-20 22:44:09 · answer #8 · answered by Anonymous · 0⤊ 0⤋
1. don't quit
2. don't tell anybody a thing
3. call EEOC they will tell you the same thing I just did. they will help you, its free..and they do it very discreet..I did, and 2 days before the court date, they settled, but I was sweating bullets
2006-07-20 22:51:33 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Lighten Up! You dont say what happened in the first place, was it really that bad?
2006-07-20 22:46:05 · answer #10 · answered by honky550 3 · 0⤊ 0⤋