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sexual harassment??

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queenb19940

Junior Member
What is the name of your state? Delaware
Business I was working for was under contract to be sold & contract stated that 3 of us would be retained for 60 days. I worked in a bar & was de facto manager & chief bartender. Person that was regular customer kept stating he was going to be manager. On 6/8/06, he touched my left breast, made a comment & walked away. I told my immediate superior & told him to keep him away from me. On 6/13/06 business was officially sold & person was in bar. He asked me if I was going to stay & I said no. I had previously stated to the owner (that nite) that I wasn't going to work for him as he had issues & that he didn't know how to keep his hands to himself cause he had touched me. I filed for unemployment & was denied. Please note that this person is a convicted sex offender felon but is not on registered sex offender list as his offense occurred just prior to Megan's Law taking effect--& this is common knowledge to everyone plus I had pointed it out to my employers before the sale. I even gave the unemployment personnel a detailed explanation stating that I would be working in what I considered a hostile environment as I would be left alone at various times with this person & that I considered it unsafe for me, as well as others, to be left alone with him. I had previously witnessed other sexually harassing acts/comments by him. He also assumed by duties and responsibilities & I would not be performing my job in the same capacity as I had in the past. There is no Human Resources department to complain to nor are there any posted notices setting forth sexual harassment policies & procedures. The unemployment board stated that I quit due to personal feelings; that I failed to show good cause for quitting; and that I had had previous conflicts with this person. Nothing was stated that I was offensely sexually touched, etc. Do I have grounds for an appeal???What is the name of your state?What is the name of your state?
 


Beth3

Senior Member
a) You don't need grounds to appeal the UC decision. All you have to do is file for a hearing timely if you don't agree with their decision. Instructions on how to do so were included in the Initial Determination you were sent. Do not delay as you have a very short time period to request the hearing - often not more than a couple of weeks.

At the hearing, the point you will want to put forth to the Administrative Law Judge is constructive discharge - that is, due to the on-going sexual harassment you had no other option but TO quit.

b) So you're working in the bar and some jerk of a customer grabs your breast. That's sexual assualt. Why didn't you contact the police and file a complaint?

c) You may contact Delaware's Department of Labor/equal rights division and file a complaint for sexual harassment.
 

weenor

Senior Member
Beth3 said:
a) c) You may contact Delaware's Department of Labor/equal rights division and file a complaint for sexual harassment.

If you wish to preserve the right sue under title VII, you will need to this within 180 days of the conduct you allege was harassment.
 

queenb19940

Junior Member
Beth3 said:
a) You don't need grounds to appeal the UC decision. All you have to do is file for a hearing timely if you don't agree with their decision. Instructions on how to do so were included in the Initial Determination you were sent. Do not delay as you have a very short time period to request the hearing - often not more than a couple of weeks.

At the hearing, the point you will want to put forth to the Administrative Law Judge is constructive discharge - that is, due to the on-going sexual harassment you had no other option but TO quit.

b) So you're working in the bar and some jerk of a customer grabs your breast. That's sexual assualt. Why didn't you contact the police and file a complaint?

c) You may contact Delaware's Department of Labor/equal rights division and file a complaint for sexual harassment.
I've filed for an appeal; and I had already filed a complaint with the State Police. I'll check into Dept. of Labor regarding filing a sexual harassment complaint. Thank you, queenb
 

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