Is unwanted physical contact assault?

[cbg]

Absolutely she should be talking to the EEOC.

 

[Wekiva]

If her employer is a licensed professional, she can also file a complaint with the licensing board. This is added to advice already provided because you mention your girlfriend works with patients.

Thank you and yes, that is the case

 

[Wekiva]

Your girlfriend needs to find a better lawyer. Her testimony along with the texts you mention and his statements to other employees certainly are enough to interest the EEOC if not the local prosecutors.

Thanks, that's what I thought. I was quite surprised at her lawyer's response

 

[PayrollHRGuy]

Thanks, that's what I thought. I was quite surprised at her lawyer's response

If what you have written her lawyer is a hack that probably should be kicked out of the BAR and have his ass kicked in a bar.

She can start an EEOC claim without a lawyer in the comfort of her home.

There are time limits at play for a sexual harassment claim.

https://www.eeoc.gov/sexual-harassment

 

[Wekiva]

If what you have written her lawyer is a hack that probably should be kicked out of the BAR and have his ass kicked in a bar.

She can start an EEOC claim without a lawyer in the comfort of her home.

There are time limits at play for a sexual harassment claim.

https://www.eeoc.gov/sexual-harassment

Trust me, I've strongly considered the latter part of that first sentence! However, your previous response regarding 784.03 has made me reconsider.

 

[zddoodah]

I told her the next time this happens, to call the police and files charges for assault. Does she have a right to do this? Would that legally be considered assault?

Of course she has a right right to call the police (did you really think the answer might be otherwise?). However, she does not have either a right or the ability to file charges. All she can do is swear out a complaint, and it will be up to the police and the state's attorney whether it goes as far as charges being filed. Also, what you've described is both assault and battery.

She spoke to a lawyer and was told she doesn't have evidence since it happened behind closed doors, so doesn't have a good case. We are seeking a new lawyer.

We? You meant she, right? Also, what is she consulting with a lawyer about? She doesn't need a lawyer to report a crime. If she's looking to sue, that's a different subject. However, either the lawyer she consulted with is an idiot or your GF didn't understand what she was told. Her testimony is evidence. The problem is that, if the employer denies what your GF says, and if she has no way of corroborating what she claims, then it will be difficult or impossible for her to win any lawsuit. That is, of course, also a problem for a potential criminal prosecution.

She has many text messages, some of them threatening her job. He has stalked her and showed up at her house at midnight. She filed a police report. He has told other staff members they are "together" and he loves her. They told him he's living in a mental fantasy and to leave her alone. Several employees have addressed their concerns with her.

I know this isn't admissible evidence

Where would you get the idea that this stuff "isn't admissible evidence"? ALL OF IT is admissible (with the possible exception of the police report) assuming the other employees testify truthfully and the other evidence can be properly authenticated.

 

[quincy]

Thank you and yes, that is the case

Here is a link to Florida’s Professional Licensing Boards:
https://dos.myflorida.com/library-archives/research/florida-information/government/state-resources/professional-licensing/

Your girlfriend can locate the appropriate profession, click on it, and find “complaint” and how to file one against the licensed professional.

A competent attorney can help your girlfriend navigate the legal waters (e.g., filing complaints and the EEOC claim, seeking a restraining order, dealing with the police detectives and the questions they will have). Although she can do all of this by herself, she seems to prefer help.

 

[Wekiva]

Of course she has a right right to call the police (did you really think the answer might be otherwise?). However, she does not have either a right or the ability to file charges. All she can do is swear out a complaint, and it will be up to the police and the state's attorney whether it goes as far as charges being filed. Also, what you've described is both assault and battery.



We? You meant she, right? Also, what is she consulting with a lawyer about? She doesn't need a lawyer to report a crime. If she's looking to sue, that's a different subject. However, either the lawyer she consulted with is an idiot or your GF didn't understand what she was told. Her testimony is evidence. The problem is that, if the employer denies what your GF says, and if she has no way of corroborating what she claims, then it will be difficult or impossible for her to win any lawsuit. That is, of course, also a problem for a potential criminal prosecution.



Where would you get the idea that this stuff "isn't admissible evidence"? ALL OF IT is admissible (with the possible exception of the police report) assuming the other employees testify truthfully and the other evidence can be properly authenticated.

To answer your questions-
1) I was pretty sure the forced kiss was a criminal offense, but wasn't sure if grabbing her butt or giving an unwanted hug was. Wanted to have my facts straight before encouraging her to go to the police.
2) I said WE, because she doesn't have the ability to call multiple lawyers to find a good one while at work. I work from home and can do that. I've gotten referral from my own attorney and am trying to find the best, since like you said, the one she found own your own is an idiot. She was going the lawyer route since she was thinking in terms of sexual harassment. It never occurred to her to contact the police until I suggested she do so. And to your point and of concern, is the fact at what would be criminal offenses occurred behind closed doors, so her word against his.
3) The part I said wasn't admissible (I believe) were the audio recordings. I gave her a voice activated audio recorder she keeps with her. I am pretty sure the employees will testify truthfully. I doubt any would risk a felony charge of perjury in order to protect this guy.

Do you know if previous sexual harassment cases where he settled out of court have any relevance? I doubt they would, but was wondering

 

[Wekiva]

Here is a link to Florida’s Professional Licensing Boards:
https://dos.myflorida.com/library-archives/research/florida-information/government/state-resources/professional-licensing/

Your girlfriend can locate the appropriate profession, click on it, and find “complaint” and how to file one against the licensed professional.

A competent attorney can help your girlfriend navigate the legal waters (e.g., filing complaints and the EEOC claim, seeking a restraining order, dealing with the police detectives and the questions they will have). Although she can do all of this by herself, she seems to prefer help.

thank you so much for all your help!!

 

[Zigner]

To answer your questions-
1) I was pretty sure the forced kiss was a criminal offense, but wasn't sure if grabbing her butt or giving an unwanted hug was. Wanted to have my facts straight before encouraging her to go to the police.
2) I said WE, because she doesn't have the ability to call multiple lawyers to find a good one while at work. I work from home and can do that. I've gotten referral from my own attorney and am trying to find the best, since like you said, the one she found own your own is an idiot. She was going the lawyer route since she was thinking in terms of sexual harassment. It never occurred to her to contact the police until I suggested she do so. And to your point and of concern, is the fact at what would be criminal offenses occurred behind closed doors, so her word against his.
3) The part I said wasn't admissible (I believe) were the audio recordings. I gave her a voice activated audio recorder she keeps with her. I am pretty sure the employees will testify truthfully. I doubt any would risk a felony charge of perjury in order to protect this guy.

Do you know if previous sexual harassment cases where he settled out of court have any relevance? I doubt they would, but was wondering

She would need the consent of the other party in order to make the recording. She committed a crime by making the recording without that consent.

 

[quincy]

To answer your questions-
1) I was pretty sure the forced kiss was a criminal offense, but wasn't sure if grabbing her butt or giving an unwanted hug was. Wanted to have my facts straight before encouraging her to go to the police.
2) I said WE, because she doesn't have the ability to call multiple lawyers to find a good one while at work. I work from home and can do that. I've gotten referral from my own attorney and am trying to find the best, since like you said, the one she found own your own is an idiot. She was going the lawyer route since she was thinking in terms of sexual harassment. It never occurred to her to contact the police until I suggested she do so. And to your point and of concern, is the fact at what would be criminal offenses occurred behind closed doors, so her word against his.
3) The part I said wasn't admissible (I believe) were the audio recordings. I gave her a voice activated audio recorder she keeps with her. I am pretty sure the employees will testify truthfully. I doubt any would risk a felony charge of perjury in order to protect this guy.

Do you know if previous sexual harassment cases where he settled out of court have any relevance? I doubt they would, but was wondering

Anyone who knows anything about the employer and his unwanted sexual advances against any employee, including your girlfriend, can help to support the claims your girlfriend is making.

If the employer has a history of assaulting employees, that works against him - even if cases that arose from his assaults were settled out of court with a (rather common) nondisclosure/confidentiality clause in the settlement agreement.

I think that your girlfriend should work SOON on lining up a few attorneys to meet with to discuss her situation. Initial consultations are often free (although this should be discussed in advance of any appointment).

A forum like FreeAdvice is fine for gathering information and getting some direction but the advice your girlfriend needs to rely on will come from the attorney in her own jurisdiction she has hired to handle the matter for her.

Good luck.

 

[Wekiva]

She would need the consent of the other party in order to make the recording. She committed a crime by making the recording without that consent.

Wow, thanks for that piece of info, did not know that!

 

[Just Blue]

https://www.floridabar.org/

 

[zddoodah]

Do you know if previous sexual harassment cases where he settled out of court have any relevance?

Assuming this question is limited to SH cases involving the same employer, the answer is maybe. However, I would expect the employer would resist having to produce details about any prior SH cases through discovery, so there would probably be a costly fight about that.

 

[quincy]

Assuming this question is limited to SH cases involving the same employer, the answer is maybe. However, I would expect the employer would resist having to produce details about any prior SH cases through discovery, so there would probably be a costly fight about that.

The employees involved might not resist.