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Me:Sexual Harassment He: Wrongful Term

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rscrd

Junior Member
What is the name of your state? Colorado

I was employed at a warehouse for about 5 1/2 years. Beginning around the 2nd month of my employment a Supervisor "Joe" from another department came up behind me put his hands under my shirt in the front. I didn't tell anyone because I didn't want to lose my job. After this,I was asked by many of my supervisors, co-workers to apply for a position that would mean transferring to "Joes'" department. At first I resisted, then when I was offered a 3rd shift position I took it thinking I would never see him since he was now on 1st shift. I was wrong, "Joe" would make comments like he heard that I liked dating Supervisors (which I was) and that he wanted some of the "action". I would avoid his conversations, then one day filling out my daily time sheet I was hunched over a desk and he came up behind me and put his front area to my backside and began the motions of "doggy" style sex. I complained to my supervisor and was told that that is just the way "Joe" is. Several other girls in the department complained about sexual harassment to the human resources office and nothing was done. Around my first year at the company a promotion to "coordinator" (junior supervisor) became available. "Joe" told me that for sexual favors at the hotel across the street he could get me that job. I didn't go, but got the job anyway. Then it became a daily event, he would call me into the office to discuss "something" then after I would get back to my desk he would call and say, "I just called you in to see your *ss as you walked away". I went to the Manager of the department and he gave me the same thats just the way "Joe" is, he has been talked to before about getting over zealous. "Joe" would say other things like, want to go into the trailer and have a quicky, or we should go to the porno shop and get toys together, never did I do any of this. A new position of Supervisor came available, and once again were the offers to get me the job if I gave *ead. He also told me more than one evaluation that "he" was in control of my eval, and that it would be wise If I gave him a little. We got a new Manager, and I went to him with what was going on daily as far as "Joe" and his harassment, and was told by him that he wasn't going to tolerate ANY trouble from me. Then the Manager "Joe Sr." started coming by my desk, rubbing my shoulders. Calling me from bars drunk while I was at work just to make me do things to stay late. I told my immediate supervisor, above Joe and below Joe Sr. that he HAD to talk with Joe Sr. that if he touched me again, I might just knock him out onto the floor as a knee jerk reaction. He said that he and Joe Sr. were not on the best of terms, he was worried about keeping his job, so I kept working, I would try my best to be out in the warehouse first thing when they would come to my office for coffee, I would schedule meetings with other departments, anything to not be in there when they first got to work. The final day of working there I had a meeting with Joe Sr. , I know that at the beginning of the meeting there was alot of him saying that I was a bitch, so was another female warehouse manager and alot of yelling, somewhere in there I blanked out, I must have gotten to my office got my keys, walked through a very big warehouse, got into my car, and went to another state about 500 miles away. (No reason at all) After my husband found me and brought me back I was put on leave after a meeting with a senior manager and Joe Sr. which was the day after my return.
I began therapy and months into it told my therapist what was happening at work. I filed with the EEOC within the 300 days for my state and got to a point of a mediation. Now comes that final part, my husband who also worked at the Company went on FMLA to take care of me after I tried to commit suicide (writing the facts for the EEOC was very traumatic for me, that night I tried) Anyway, I felt that the Company would fire him because I filed charges with the EEOC he was with the company for 7 years, not a single blemish on his record. (he is very unsociable, really down to business) always over an hour early and stayed over an hour later just to make sure everything he needed to do was perfect.... and three weeks before my mediation, they did fire him......they fired him for sexually harassing a 65 year old man (registered pedofile) the pedofile withdrew his complaint and then they got a statement from an employee of my husbands weeks after the withdrawl that said he didn't hear anything but saw my husband lift a yellow pole to his crotch period. My husband was also charged with falsifying company documents (his statement of denial which he was asked to write by human resources of the events that happened on the 13th) the harassment supposedly happened on the 17th), my husband filed for unemployment and it was denied, then he appealed and won (basis was that the company did not call witnesses to verify that it was their complaints/withdrawls etc and that my husband was more credible), now the company is appealing the appeal (In process). In the mean time (5days after the appeal hearing) the company sold out to another company and there was not a position for "Joe Sr.", "Joe" was employed for another 30 days when 9 other female employees went to the new Manager, a female, and during an investigation was found that he did sexually harass those employees and was terminated. He says it was consentual.
these are the questions:

1.Do I have a sexual harassment case against the Company, Joe, and Joe Sr. All, each, none.

2. Does my husband have a case of wrongful termination or retaliation, he has filed with the EEOC also.

3. What problems will I have because this went on for so long, others that went to the new female manager stated that it went on for up to 3 and a half years for at least one.

4. I lost my job after 12 months because I was on LOA for too long, cant get it back when my therapist releases me, new company. Can I ask for letter of recommendation? Severence? Annual Bonus?

5. I have been collecting disability for the past 6 months, before the company was paying me full pay(about a year) will disability stop if I sue? If I lose, or if I win?

6.What chances do you have to sue when the Company was sold.

7. What can I expect (cant get the 18 months back)

8. If an attorney says he will accept the case for 1/3 and 1600.00 retainer, up to 4,000 does that seem reasonable? We only asked 1 attorney, and really don't want to go through this again. Writing this is hard enough.

Thank you for your opinions in advance.
 


cbg

I'm a Northern Girl
1.) In my opinion, yes.

2.) Not remotely enough information to say; however, unless he is prepared to show that he was fired either BECAUSE you filed an EEOC complaint or BECAUSE he took FMLA leave AND FOR NO OTHER REASON, he may not have a strong enough case to pursue.

3.) Probably not too many. If you had not complained about it, then the response could conceivably have been, "So why is it a problem now all of a sudden?". But since you had made numerous attempts to get the company to pay attention to your complaint, it's doesn't look like you're suddenly trying to get back at them for something.

4.) You can ASK for anything you want. But your employer has no legal obligation to provide any of those things.

5.) That depends entirely upon the terms of your disability policy. It will PROBABLY have no affect on your disability whatsoever, regardless of whether you lose or win, but it's impossible to say without reading your policy.

6.) It depends on the terms of the sale.

7.) Since my crystal ball is out for cleaning, there's no way to say.

8.) I have no idea what is reasonable and customary in your state.
 

Katy W.

Member
Take the lawyer and run

AZ

That is a decent deal , the lawyer. In this state no lawyer would take an employment case on contingency because the awards aren't high enough. $1600 is low for a retainer. I say take it.

One thing in your story jumped out: they charged your husband with falsifying documents due to his statement. In my personal subjective opinion that is a red flag saying that these people are not dealing in good faith and were out to throw as many charges at your husband as possible.

Taking any kind of action against your husband because of a statement he wrote defending himself against a charge of sexual harassment - no, I'm sorry. Slimy.

The 'make whole' principle is that the employer must do anything possible to return to to the state you were in before the harassment. Everything bad happened to you guys after the harassment. You now are both fired. Wrong. Call the lawyer.

Good luck.
 

rscrd

Junior Member
Update

I contacted the attorney, and I misunderstood...he says that he will bill me monthly for things like depositions, postage, phone calls, filing, ect. That I should expect an average of $800.00 to $1000.00 per month, that is in addition to the $1600.00 Retainer. Is there anyway to do this alone? I cannot afford the attorney rates and thought that if there was a case and it was contigency that they would be paid when the court awarded money. Like the 1/3 he is asking.
 

rscrd

Junior Member
Update, need more answers please

The Company that I worked for ABC was a third party company, parent company was DEF, both of these companies are on all my payroll stubs. A call to the town records show that both ABC and DEF are on the business application. Both Companies were sold, parent (DEF) in August 2004, and ABC in October 2004. Company XYZ bought ABC and 123 bought DEF. I am still receiving disability from the parent (DEF) companies disability policy.

How do you find out who has the liability. I filed with the EEOC in April of 2004......My husband filed with the EEOC in August 2004. We have both been recently told that a right to sue letter will be forthcoming.

When filing with the EEOC I only put ABC as my employer, My attorney seems just as confused and said to put everyones name on the EEOC complaint and the law suit? I have not been able to get ahold of the investigator so I do not know if it is possible? Is it?

I understand the terms of the sale of both companies will dictate, but how does a regular person gain knowledge of "the term" that decides who has the liability now.

I know that you only give opinions, but this is keeping me up at night, just really need to know if I can still pursue sexual harassment and 3rd party retailiation.
 

cbg

I'm a Northern Girl
This is something you will have to discuss with your lawyer. There are limits to what can be handled on a message board and how to find out the terms of sale is beyond them.

I don't see any reason you can't continue to pursue this but your attorney will have to advise you on how to proceed. You may (but your attorney will have to tell you how - I can't) be able to amend your complaint with the EEOC to include the parent company.
 

cbg

I'm a Northern Girl
I try not to ask what's involved. I do know it takes a VERY long time...the poster's initial question was in November.
 

rscrd

Junior Member
Thank you for the reply I understand that it is alot of information, however I thought to ask for someones experience would help me, and future posters as well, I did search for several hours in the archives to see if someone else had a similiar question answered and could not find it. This Advice Forum is so helpful in knowing about Employment issues. Thank you very much for the insight. Did I say Thank you yet. Thank you
 

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