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RGMacEsq
RGMacEsq, Attorney
Category: Business Law
Satisfied Customers: 16054
Experience:  Licensed Texas General Practice Attorney
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I am an employee (by contract) with an HOA Board of

Customer Question

I am an employee (by contract) with an HOA Board of Directors. One of the Board members is continually harassing me and stalking me. This Association only has 3.5 employees. What are my options ? I consulted with an attorney and was told since there were less than 15 employees, the courts would not have jurisdiction over this legal action.
Submitted: 1 year ago.
Category: Business Law
Expert:  RGMacEsq replied 1 year ago.

Thank you for using JustAnswer.

I'm very sorry to hear about your situation. In terms of an employment law scenario, that is correct. There are certain threshold requirements for certain types of cases. Sexual harassment cases under Title VII have a 15 employee minimum requirement, as do the state laws no the matter. But criminal harassment / stalking cases are criminal in nature, and that could still be brought against the board member himself. Contact the police, and save any type of information that you possibly can that would prove this stalking.

The main issue here is that the employer isn't going to be liable in a civil action against them. It's frankly not an "employment law" situation because the minimum threshold for employees is not met. You can still bring a civil action against the board member himself, as well as criminal charges and a restraining order. Those are, I'm sorry to say, your only options.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Expert:  RGMacEsq replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  RGMacEsq replied 1 year ago.

Was there anything else?