Do I have a Sexual Harassment Case?

[MSophie]

What is the name of your state (only U.S. law)? Arizona

I was a 1099 employee for a company in Arizona. My boss purchased for me a macbook, and other things. He also gave me extra cash bonuses. This went on for a few months. I found it a bit strange that he was getting all this for me, but I didn't think too much about it at the time. Then he sat me down one night and asked me to have sex with him. I said no, and left. He has just fired me, because I would not have sex with him after he bought me a laptop and a few other things. There was never any "agreement" that I would do things for him if he bought me things. I never even asked for these things, he just gave them to me. And now I am out of a job because I did not want to have sex with this man. Also, throughout the time I was working with him, he called me baby, hun, sweetheart. I would ask him to stop, but he would not. I had to make sure to dress in the most unappealing clothes I owned, because if I came into work looking even remotely attractive, he would go on and on the entire day about how 'hot' I looked and how turned on he was. I found it extremely offensive. Do I have a sexual harassment case?

[edit: I want to make sure that I actually have a case before proceeding with anything. I don't exactly have a lot of money, so going through the courts only to fail will probably cause me to go bankrupt. This man has a lot of money, and he will try very hard to keep me quiet about this.]

 

[swalsh411]

There is no such thing as a "1099 employee". You weren't an employee. You were an independent contractor. You could have ended your relationship with this client at any point if you felt his behaviour was inappropriate. You accepted these cash gifts (which I hope you paid taxes on) and are now shocked to find out he wants to bed you? Sheesh. You choose to continue to keep this creep on as your client.

edit: Title VII (the main Federal law on these matters) protects employees. You were not an employee.

 

[Zigner]

To explore the other side of the coin...it's entirely possible that the OP was a mis-classified employee.

 

[ecmst12]

I think it's probably LIKELY that OP was mis-classified as a contractor, but that's just a hunch. We'd need to know more about what she did to know for sure.

OP, I think your first stop should be to the IRS website to check out the legal definition of an independent contractor vs an employee and see where you should have been classified.

 

[LdiJ]

I think it's probably LIKELY that OP was mis-classified as a contractor, but that's just a hunch. We'd need to know more about what she did to know for sure.

OP, I think your first stop should be to the IRS website to check out the legal definition of an independent contractor vs an employee and see where you should have been classified.

She sounds like a mis-classified employee to me as well. Go to irs.gov and look at form SS-8. It won't cost you anything to fill it out and send it in, and it could cause him considerable grief with the IRS. You can also use form 8919 when you fill out your tax return to try to make him responsible for the employer half of social security and medicare taxes.

 

[Mass_Shyster]

OP can also report the crime of solicitation of prostitution.

Then he sat me down one night and asked me to have sex with him. I said no, and left. He has just fired me, because I would not have sex with him after he bought me a laptop and a few other things

 

[Zigner]

OP can also report the crime of solicitation of prostitution.

You forgot the little winky to show that your response wasn't serious. I know you are aware that what happened here doesn't give rise to that sort of charge.

 

[csi7]

You can go to EEOC website, look at the questions to see if you have enough documented evidence to do a case.

I did successfully do an EEOC case for sexual harassment with a resolution to end the matter, however, it took two years, and a lot of quiet on my part.

I would talk with a law firm and or attorney since this is you and one other person.

In my case, it was several people with witnesses in several locations who reported the incidents to a separate agency.