about 5 weeks ago i left my place or employment due to sexual harassment by my female supervisor. i wrote a statement and a complaint 5 weeks ago, but unfortunately the company ignored it, so i was forced to quit. due to the fact the company did not want to pay unemployment and possibly face a lawsuit, they finally conducted an investigation and found the female supervisor guilty, now they want me to come back and they will get rid of the supervisor. my question is should i go back to work, or file for a lawsuit??
2007-10-30 05:03:22 · 8 answers · asked by lounwo32 1 in Politics & Government ➔ Law & Ethics
anybody???
2007-10-30 05:09:37 · update #1
You could sue, yes. However, you probably wouldn't get much except for 5 weeks worth of pay. You have a duty to mitigate your damages. If they are offering your job back and offering to fire the supervisor and you turn that offer down, you are not mitigating your damages (unless, of course you have another job). It stinks, but it's true.
2007-10-30 05:11:28 · answer #1 · answered by Heather Mac 6 · 1⤊ 0⤋
I think a lawsuit would be a waste of time. We live in a country that has a flawed system. Primarily because the system is governed by humans, and humans are flawed. Its sad to say, but our system tends to lean toward the sympathy of females in this type of case. If you don't believe me, ask any man who has ever tried to get custody of his children. Unless you have physical evidence they are being abused, it's almost impossible, they won't take the children away from their natural mother even though both are equally capable, and equally essential in a childs life. The same is true here. If you were a woman, you would have a slam dunk case. However, since you are a man, most judges would probably laugh (probably to themselves) and dismiss the case, or at least award no damages. If you liked the job, and it paid well, I say go ahead, but watch you step. They most likely offered you your job back for PR reasons, and to cover their tail. If the job wasn't all that great to start with I say either go somewhere else and avoid the hassle and stress, or take it back just for a paycheck until you can get something else lined up.
2007-10-30 12:25:47 · answer #2 · answered by Shadow 2 · 0⤊ 3⤋
Your employer has a duty to act on your complaint. While they may have not acted as quickly as required under the law they never the less acted and found that your complaint had merit and have taken appropriate steps to resolve the issue.
You do not have a lawsuit against your employer. They have offered you your job back...do you want it or not? That is the only action that you have available...take it or leave it.
2007-10-30 12:30:21 · answer #3 · answered by malter 5 · 2⤊ 1⤋
don't sue but first go back and ask for your years of service be reinstated and you will be payed for your 5 weeks of unemployment. If they say no just ask for it in writing and then sue them. They will more than likely agree to your request. Second question do you like this job and will the other co-workers respect you and not shun you.
2007-10-30 12:23:43 · answer #4 · answered by john a 6 · 2⤊ 0⤋
What do you hope to gain from a lawsuit? If they have offerred you your job back in an environment free from harassment, what additional is their for you to claim?? Punitive damages?? What for?? You have recouped actual damages. Let it go.
2007-10-30 12:08:45 · answer #5 · answered by jurydoc 7 · 2⤊ 0⤋
lawsuit... the company completely ignored your complaints... they should have looked into it in the first place instead of having you resort to quitting, filing for unemployment, and THEN doing an investigation. Someone at the company dropped the ball on that one...
2007-10-30 12:08:01 · answer #6 · answered by knocked↑ 3 · 0⤊ 4⤋
If they have addressed the situation, go back to work. Sexual harassment cases are difficult to win and your failure to return to work could prevent you from recovering damages because you could have mitigated your damages by returning to work.
2007-10-30 12:09:40 · answer #7 · answered by bjackson75061 3 · 3⤊ 0⤋
file the suit, If they had acted on your complant I would say go back to work. Now they find that you were right they are trying to cut their losses. Does she still work there? FILE
2007-10-30 12:15:44 · answer #8 · answered by Anonymous · 0⤊ 3⤋