I told ONE of my coworkers what had happened and then we reported the incident to my bosses. they made me write down exactly what had happened and made me sign a ppr that said I wouldnt speak to any of my coworkers about it. the next day they called me to tell me they had an investigation and that the incident "had in fact happened." they told me that they had taken care of the situation and taken “appropriate measures” and that if he ever spoke to me again I had to report it immediately. For a few days he was gone from my work. We were even told that he was in another city. Today he was at work again. we saw each other but neither one of us said anything. I was shocked to see him there after everything. I truly feel afraid to be at my work which I told my bosses. I feel disrespected and confused. Some ppl are telling me take legal action but I dont know what options I have if any at all. Does anyone have any advice on what do? Has this happened to anyone? Help plese!!
2007-07-24 14:15:04 · 29 answers · asked by musicgirl 3 in Politics & Government ➔ Law & Ethics
You may actually have two 'sexual harassment' cases you could file ... the first because of the 'vocal incident' and the second because your bosses made you sign a paper promising to 'never talk about this' with your co-workers. The first is 'direct' and the second is 'implied' ... but both are sexual harassment. Contact a good attorney (call your local bar association and ask for a 'referral' to an attorney who handles such cases) and then do what he tells you to do ... good luck, my dear. I've never been sexually harassed, because I've always been 'the boss' ... but I have had people claim harassment, some 'phony' and some real ... I will NOT TOLERATE harassment, and fired the people who did the crime ... and also gave the 'complainant' a 'cash settlement' that was quite generous if they wanted to leave my employ. Most stayed and turned the money down ... but in your case, I think that you may need to 'start looking for new employment' and 'sue the company' for trying to 'keep you quiet' ... good luck!
2007-07-24 14:34:34 · answer #1 · answered by Kris L 7 · 0⤊ 1⤋
He did something wrong and he got punished for it (written up, given a warning etc). After that you need to go on as business as usual. If he doesn't do anything wrong again there is little the company can do. If you work in the same office as him then you are going to see him. If he says anything to you about it (even to apologize if he didn't initially realize that it was wrong) then that can be viewed as continual harassment. If from now on he is there to work and he doesn't say anything to you about it and doesn't make the attempt to come in contact with you unless he needs to in order to function at work, then he is doing no wrong. Even if you still feel uncomfortable around him, if he is there just doing his job then that isn't harassment. At that point if you feel uncomfortable around him sitll and he did not do anything else wrong you can talk to your boss and say that you are still uncomfortable and you might be able to be reassigned somewhere farther away from him, but again he can't be fired or punished after the fact if he didn't do anything extra wrong.
You can take legal action against the company, but I don't know how far you would get with that because the party was (seemingly) reprimanded already for his crime. From what you have here, there is no reason he can't return to the workplace under the "if it happens again you are fired" banner. ... but then again fat people sue mcdonalds because they can't put down the fork so in todays sue happy society you might have a shot.
2007-07-24 21:31:51 · answer #2 · answered by Icon 7 · 0⤊ 0⤋
Typically, sexual harrassment has only taken place if you have previously complained about a specific behavior, and that behavior has persisted.
There are times when the incident is so severe that it warrants immediate termination, but since you did not elaborate on what happened, it is hard to tell.
If you are dissatisfied with the disciplinary measures that were taken, you need to discuss it with your boss or your company's HR director.
Getting a lawyer will be expensive and time-consuming and (unfortunately) may be a black mark on your employment record if you become labeled as "that girl" who causes problems. It is sad, but true. Your best bet is to work with your boss and HR to resolve the situation.
Good luck.
2007-07-24 21:21:11 · answer #3 · answered by Sarah 5 · 4⤊ 0⤋
What the guy did does meet the legal definition of sexual harassment. But since the company took action against it, you have nothing to sue about, unless you think their action wasn't enough. And if nothing more happens, it was probably enough. If you're uncomfortable around the guy, that's a new problem that you should talk to your company about and take it from there, but if they stopped the behavior there's nothing more they are obligated to do. They don't have to fire or transfer him just because you don't like him any more, as long as they punished him and stopped the behavior.
2007-07-24 21:40:27 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Most of us are unable to judge your solution because you didn't say what he said. Making remarks that make someone uncomfortable is very broad. You may be offended, but I may not be. If this was a one time thing, it isn't sexual harassment if the company took it seriously (it sounds like it did) and the guy doesn't repeat the remarks. Sexual harassment is usually an ongoing pattern of abuse, not a one time incident.
If you feel truly afraid, maybe you should find a different job, because it sounds like the company did what it's supposed to do. Men aren't going to be fired for making one time sexual remarks to make female employees happy.
2007-07-24 21:39:00 · answer #5 · answered by Shelley 3 · 1⤊ 1⤋
If this person does not bother you again it will be best to forget the incident. If however he does speak to you in a harrassing manner then report it at once. If fact while the incident is taking place if you will LOUDLY reply in a negative manner he may back off. These people are cowards.
2007-07-24 21:35:35 · answer #6 · answered by papricka w 5 · 1⤊ 0⤋
Without knowing exactly what happened (and it may not be appropriate to post details), it is difficult to say. Comments that make YOU uncomfortable may not make others uncomfortable. Once the other person knows you are uncomfortable with the statements, it would be harassment if they continued. One incident does not count as harassment unless a "normal" person would be uncomfortable. The problem with that standard is there is not such thing as a "normal" person.
2007-07-24 21:48:07 · answer #7 · answered by STEVEN F 7 · 0⤊ 0⤋
you need to trust your bosses that it's been taken care of. he was probably suspended w/o pay and continuing to say anything to you may result in dismissal. appropriate measures can also mean he may have been reduced in pay. you'll never know. it's obvious he was told him something if they found the incidnet true, or he would not have been silent when u did see him. as long as is not creating a non-conducive working environment, there's not much you can do just hang in there. you didn't do anything wrong.
2007-07-24 21:22:11 · answer #8 · answered by jennifer 2 · 1⤊ 0⤋
Maybe management suspended him and now he's back. You should talk to them. If they acted appropriately in their actions, it would be hard to take legal action. You said you saw each other but if he doesn't repeat the offense, then nothing can be done.
If you really feel uncomfortable, find another job. He may never say anything to you again, but there is no crime in that.
2007-07-24 21:20:39 · answer #9 · answered by wooper 5 · 2⤊ 0⤋
For pity's sakes, calm down. You have never had someone make an inappropriate remark before?
If he keeps it up, talk to a lawyer. First, though, tell HIM that it made you uncomfortable and that you do not want to hear anymore.
Then, grow up a bit.
Not everything is a courtroom drama. If your job is in jeopardy; THEN you have a harassment problem.
No, you cannot sue if they, the employers, took responsibility and handled the matter appropriately.
2007-07-24 21:24:28 · answer #10 · answered by hopflower 7 · 1⤊ 1⤋