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.
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.