• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

sexual harassment - do I have grounds for suing?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

galilye

Junior Member
What is the name of your state?What is the name of your state?
Texas

In a nutshell - I was being sexually harassed by a co-worker at my former job (just recently resigned for other contributing factors) for appoximately the first 2 weeks of my employment there. The guy was making unwanted comments that at first were taken by me as flattery and then they gradually escalated to more bold comments - all unwanted and unprovoked on my part. I spoke with a co-worker in regards to how to go about handling the situation...as I was uncomfortable with approaching my Lead about the situation. A plan was devised to document everything that happened and give the guy one more chance to screw up (as I had made it known to him after his latest sexual comment that i was not comfortable with what he said and to say no more). The guy left to go back overseas shortly after the last incident, so I never ended up going to HR about the situation. Another concern in regards to if I did have to go to HR - was that i would have to continue working with this guy - as he would be back in the states eventually again - and he would know that it was me who had informed HR about him. So in my mind - i was damned if i didnt go to HR...and damned if i did.
As stated earlier, I am no longer working for this company. I resigned just recently due to other factors that created an unhealthy work environment.
I do realize I should have gone to HR in regards to the situation, but I also felt that I couldnt go to HR. Is there any grounds here for a suit?

Thank you in advance for your assistance in this matter.

Galilye
 


BelizeBreeze

Senior Member
You have effectively given up any rights by quitting and, before that, not filing a formal complaint with your HR department.

Also, until such time as you file a formal complaint with your state's Department of Labor and receive a 'right to sue' letter, you have no grounds.

Basically, you've shot yourself in the foot over this.
 

Beth3

Senior Member
Another concern in regards to if I did have to go to HR - was that i would have to continue working with this guy - as he would be back in the states eventually again - and he would know that it was me who had informed HR about him. So in my mind - i was damned if i didnt go to HR...and damned if i did. That was undoubtedly a completely erroneous assumption you made. When you are being sexually harassed by a co-worker, you need to report it to HR/management if you want to have the problem resolved.

The harasser left to go on an extended assignment and you eventually quit for unrelated reasons. It's far too late now to do anything about the situation. You didn't report it timely nor is there anything to resolve. You're gone and so is he.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top