Is this legal??

Question

I am in shock. I am a waitress, and theres this cook who is always telling me that I feel out my shirt very well, he's looked down my shirt, hes grabed my chest, and the other day he grabed my butt. That did it for me so I reported him to the manager on duty. So today the G.M. (a women) pulls me a side for a talk, along with the kitchen manager (who is a male.) and she told me how upset the cook was that "I was making this stuff up." And she told me if I continued on with this "lie" I would be terminated. She also stated if it was found that it was true, the owner would fire me and the guy.. Your employer can't fire you for reporting an act of sexual harassment can they??? PS I dont think it matters but I live in the State of Colorado. Also I would like to know your input on having a male staff member sit in during the meeting. He never said a word. they were both going to make a report saying it was a misunderstanding i have witness who have heard his commitment about my chest

Answer 1

Make a complaint to your employer about sexual harrishment, which is illegal.

Answer 2

The person that touched you committed sexual battery.

If your employer will not do anything about it, they are "failing to supervise," and the restaurant is liable, because they have allowed the cook to create a hostile work environment for you. You cannot be fired for reporting misconduct.

First, write down the dates and times of everything that happened. Then, get a lawyer. You have a wonderful lawsuit, the kind that most corporations try to settle out of court.

Answer 3

Is it a national chain? does the GM have a boss? If so go see her boss. Remember there are time limits for filing sexual harassment charges.

Check with the other employees and see if the cook has done similiar things to them.

Get a small tape recorder.

Call the Equal Employment Opportunity Commission EEOC.

Answer 4

If you were fired, you could sue for wrongful termination, but an employer can fire you for any reason if you do not have a contract stating otherwise. You would, however, have a strong case for wrongful termination. You can also sue both the cook and your employer for sexual harassment.
I would start looking for a new job anyway.

Answer 5

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Answer 6

Clearly the cook, based on your allegations has committed a crime. Depending on your state laws that crime could range from harassment to sexual battery.

There is nothing wrong with a male sitting in on the conversation especially if they are in a managerial role.

There are laws that protect employees from termination because they report sexual harassment.

So in summation, this would be my advice to you. File a criminal complaint with your county attorney's office. Then if you are disciplined or terminated for filing the criminal complaint, you should seek an attorney to file suit against your employer.

Good luck.

Answer 7

Unfortunately there are women who abuse the privelage of being able to report sexual harassment by lying about it just so they can get money or whatever else it is that they want so it makes it harder for the women who actually are sexually harassed to be taken seriously by some people.

But anyway if I were in your shoes I would just quit that job; if you are being harassed and are not being taken seriously when you approach your superiors it would make more sense to me to just walk out the door and not come back.

Answer 8

This is a tough situation. While what this man did was clearly sexual harrassment, you are still in a bad position.

In this situation, if you decide to press the issue further, the burden of proof will lie on YOU. My advice would to find a way to get something he says on tape. This way your concerns can be proven, and cannot be passed off as being made up.

Answer 9

No, you can't be fired for reporting a crime. What you need to do now is go to the police and report it. Also, if this is a chain restaurant, or a franchise, tell the owner of the chain/franchise. Finally, go find yourself a lawyer and sue the hell out of this restaurant.

Answer 10

Sexual harrassment is against the law IN ANY STATE. They cannot legally terminate you for making a report about it. Start talking to lawyers...I'm glad you have a witness!!

Answer 11

Talk to a lawyer. Then see how threatiening they get. Stand up for your rights. If this guy isn't stopped who's to say how far he will try to go on you or the next girl.