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sexual harrassment

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cmhutch

Junior Member
What is the name of your state? California

I won a sexula harrassment suit against my employer with the EEOC, I was awarded $54,000 dollars, my ex-employer chose not to pay the award amount, I got a right to sue letter and a attorney took it on contingency, my attorney is now telling me I have to find the witness who talked to the investigator from the EEOC but it was 3 years ago and I do not have the means to try and find them now. In the EEOC file my ex-employer answered the charges in writng and signed it. But when he was interviewed in person he gave a totally different story, he wrote in a response letter to the eeoc that he investigated the accusation I filed in nov. 2001 in Nov 2001, but how can that be when he was in india and I complained to his son who was my supervisor. he then told the investigator in the interview that she did with him in person that the first time he heard of this accustation was in Jan of 2002. But that he asked the coworker if he had been harrassing me and when the co worker said no that was good enough for him. 2 weeks later he fired me dor no reason at least there was none given.

The co-worker who was harrassing me told the investigator that there was 2 other complaints and that my ex-employer asked him if he did it he said no and that was never metioned again. And he told the eeoc that the first time he heard about this complaint is when the new manager of the apartments told him that he had an interview with the eeoc. So there has been lies after lies and it is all in the eeoc report.

My attorney who hasn't even disposed any of the witnesses yet, even though I had a disposition last october with my harrasser and employers lawyer. And we go to set a trial feb 22 2005 and my attorney is telling me unless i find the people who talked to the investigator he can not go forward with my case. my question is this. Shouldn't he have already taken as many depostions of who we did have as witness way before 2 weeks when trial is suppose to start? And is it my responsibility to find the other witnesses? And he said we had to have factual basis to discredit my ex-employer and co worker isn't what is in the eeoc file pretty factual? there is alot more in my favor but this is a short run down.

Thanks for any imput.

Cmhut from Cali. :eek:
 


S

seniorjudge

Guest
I won a sexula harrassment suit against my employer with the EEOC, I was awarded $54,000 dollars...And we go to set a trial feb 22 2005

Okay, you got me confused!

If you already have a judgment, why are you going to trial?
 

cmhutch

Junior Member
sexual harrassment try to clear confusion

I recieved the award from the EEOC which is federal government. Even though they awarded me $54,000.00 it never went into a judgement, instead they gave me the right to sue in the state courts, because their is no cap on the amount I can ask for in the state courts. Their is a cap in the federal government if a employer has less than a hundred employees, the cap that the EEOC can go after is $50,000.00 but they gave me $4,000.00 over the cap. So that is why I dropped it to state because my ex-employer wouldn't fire the harrasser or pay me what the EEOC thought I deserved, he just ignored the findings. So now I am going after alot more money hoping that putting a little dent in his bank account because of the harasser behavior will force him to follow the laws that are in place to protect people like me, and either educate the other employees or fire the harrasser which is what I wanted in the first place, since he is a apartment maintenance man and has keys and access to alot of single mothers homes.. I hope that Icleared up some of the confusion, I apollogize, it has been a long 3 1/2 years and I am always confused by our justice system, but hopefully in the end it does work for the good guys.

Thanks for the reply:

confused and frustraded in CALI! : :confused:
 

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