My best friend was sexually harrassed at work. One of her managers grabbed both her breasts and she reported it to Human resources. The guy gave her a formal apology but she told her superiors she felt this was not adequate and demanded he loose his job. Two weeks later they fire her after word gets around that she filed a police report against the guy that grabbed her. She has not been able to find a lawyer in the maryland area that will her... Can anyone out there give me some ideas i can pass on to her because she's been really depressed about it and feels like no one gives a **** because she's very young and she's gotten nothing but trouble ever since reporting this guy!
2006-11-16 07:34:31 · 8 answers · asked by HONEY 2 in Politics & Government ➔ Law & Ethics
She has been documenting everything including the follow up letter from her job stating that this guy admitted to grabbing her breasts and that it was an accident and he will not do it again....This guy is a married man by the way... her company is a high powered brokerage firm and the same lady from HR that she reported it too fired her EXACTLY 2 weeks to the day that she reported it.
2006-11-16 08:05:38 · update #1
Sigh!, I wish she had talked to a lawyer prior to going to the Human Resources department.
She can file a complaint with the Labor Commission in her State and also she should file for unemployment too.
She can further call the office of the Attorney General in her state and see what options are available to her.
Sexual harassment in the workplace is not supposed to be tolerated.
If she has documented proof that the Human Resources department made him apologize to her; she can probably sue them and him. A lawyer can subpoena the records of the HR department and take them to court.
The problem with this is that her efficiency at the office will be challenged and she is going to have to prove she was a good worker who followed all the office rules and was not late or did not have too many absences from work.
2006-11-16 07:38:33 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The problem is that, in general, there needs to be a "severe and pervasive" atmosphere of sexually charged, highly offensive conduct for her to prevail on a sexual harassment claim. And usually one incident doesn't do it. And there was an investigation by the employer, and the employer "resolved" it (although not to her satisfaction.) That makes it very difficult to sue the employer for the harassment.
Now, the second part, that's a retaliation claim... an employer cannot retailate against you for reporting a genuine claim of violation of the workplace discrimination laws. Unless the employer had a legitimate, nondiscriminatory reason for firing her (poor performance, etc.) I'm surprised a lawyer won't take this case. Tell her to keep trying.
Third, though, is that allegations of harassment MUST be reported to the state or federal equal employment opportunity commission in a very timely manner. And then the EEOC can investigate (or not) and send you a "right to sue" letter. Once you have this letter, you have a VERY short time period (sometimes only 90 days) to sue. That timeframe may be passed, and that's why the attorneys aren't too interested.
Otherwise, keep trying. There will usually be a plaintiff's attorney who will take this kind of case.
2006-11-16 16:06:24 · answer #2 · answered by Perdendosi 7 · 0⤊ 0⤋
It does not matter if she talked to a lawyer or not before....she followed policy and procedures written in the company handbook....the HR office dropped the ball here...this was retaliation and that is against the law period, let alone the harassment she had to endure at the hands of a pig........she needs to retain a lawyer and fight this to the end...this is unacceptable behavior in the professional workplace or any work place...until you are dealing with this kind of situation then you have no clue as to what is going on with this woman...this can also happen to a man...so she not only needs to but she has to contact a lawyer and stop this pig from doing this to any one else....try to retain a woman lawyer....document EVERYTHING...from the time that it all began..who she talked to and what happened..with dates and times if all possible...she does not need a witness...and discriminating against her for blowing the whistle is also against the law...Get that lawyer....NOW.....
Tell her my heart goes out to her and I wish her nothing but the best of luck...hang tough...be strong...you will win....
2006-11-16 16:02:33 · answer #3 · answered by Karen F 1 · 0⤊ 0⤋
She needs an attorney. She needs to start to document EVERYTHING, including how she feels, if she has to go to the doctor, EVERYTHING.
If she can't find an attorney through the phone book, have her contact the local bar association (attorney organization), it should be listed in the phone book. They can give her a referral and possibly help her get free legal advice. Our county has a Victim's Advocate Program. Perhaps her county does too... if so she should be able to get some counseling and talk to someone. They would be a wealth of practical advice including being able to refer her to an attorney.
If she is truly depressed, I mean to the point you are worried about her, be a true friend and step in to help her get the help she needs. Don't be afraid to ask her if she is depressed. She will know you care.
Tell her to stick to her guns. She's just helped to prevent this from happening again.
GOOD LUCK.
2006-11-16 15:43:55 · answer #4 · answered by vbrink 4 · 1⤊ 0⤋
Sense when is groping a woman at work"Sexual Harassment"? Its Assault to do bodily harm as well as mental anguish.She needs to file police charges for sexual assault.Then file a suit against the employer for not firing him or reporting to the police of a sexual assault at their work place.File charges at the state labor board too.They wrongfully terminated her.File for unemployment.File a federal labor law violation against the employer too.Scumbags like him should be arrested and put in jail,so big Leroy brown can grope his body.Get the Arsshole Arrested!
2006-11-16 16:01:48 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Thats the big problem with sexual harrassments, there is 2 sides to every story. Its very unfortunate that she lost her job, but those things are hard to prove unless there are witness'
2006-11-16 15:43:04 · answer #6 · answered by Anonymous · 0⤊ 0⤋
She should keep trying to find a lawyer because its not fair to her, the guy should have lost his job because he had no right to do what he did.
2006-11-16 15:39:12 · answer #7 · answered by Anonymous · 0⤊ 0⤋
did she talk to her parents about this, you said she was real young?
2006-11-16 15:44:06 · answer #8 · answered by omar2299 1 · 0⤊ 0⤋