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my daughters has been harassed at work where pictures from

Answered by:Copperlaw
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Thanks for your info it has helped Walter

Customer Question

my daughters has been harassed at work where pictures from her cell phone was texted by her boss to his cell phone. she went and sat down with the owners,they refused to do anything. My daughter still had to work with this man. My daughter ended up having a nervous break down and ended up in hospital Its been 2 weeks and she still is not ready to go back to work is there anything we can do to have this man fired?

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Province/Territory relating to question: Alberta

Already Tried:
she went to owners of the restuarant and sat down and talked about what happened. They confronted the manager who also said that he did it. but nothing was ever done about it. Its not just my daughter he does alot of touching and body rubbing.

Submitted: 307 days and 7 hours ago.

Category: Canada Law

Value: CA$47

Status: CLOSED

Accepted Answer

Expert: Copperlaw replied307 days and 7 hours ago.

Copperlaw : Hi there

Copperlaw : I am so sorry that your daugter, and you, have had to go through this experience.

Copperlaw : I have two comments for you.

Customer :

hello

Copperlaw : Firstly, regarding the pictures, I do not know what the nature was (nudity etc) or what age your daughter is, however if she is a teen and not an adult, and the pictures are risqué or of a sexual nature, then he is very well in possession of child pornography

Copperlaw : Aside from that, what you need at this time, is not a lawyer, but to report this to the police immediately.

Customer :

My daught is 24 and yes sexual nature

Copperlaw : The behaviour you describe could very we

Copperlaw : Very well constitute stalking, or criminal harassment as it is defined in the Crimnal Code

Copperlaw : But moreover, the touching and body rubbing is sexual assault

Copperlaw : He is likely to be arrested, charged and placed on conditions not to communicate with her directly or indirectly, not to associate (be around) her and not to attend within a radius of her home, work, school, etc

Copperlaw : So this would prevent him from returning to the restaurant

Copperlaw : Were the owners to fire her for reporting this to police, she would have a strong civil case against them

Customer :

My daughter doesn't want to go back to work but needs to for financial reasons. But I'm scared what will happen next. This manager has a brother in town who is also works as a rcmp

Copperlaw : Once this is reported and dealt with and her safety is ensured, she can look at a civil suit against the owners for failing to protect her or to act upon her complaints of workplace harassment. She can take this to the Human Rights Commision as they are strict with regard to employers preventing and responding to allegations of harassment

Copperlaw : As for concerns regarding the RCMP brother, if you worry that they may try to sweep it under the carpet, then you should go directly to an NCO (Sergeant or greater) or the detachment commander and advise them of your concerns and they should assign someone appropriate to investigate. This will ensure that the brother doesn't influence the investigation

Copperlaw : If a senior officer is aware, the officer assigned will no doubt do a very thorough job

Customer :

well all the owners have done is take away $10,000.00 bonus away

Copperlaw : That is insufficient. They've done nothing to protect her and have now allowed her to be repeatedly harassed and sexually assaulted

Copperlaw : But you can certainly discuss a civil suit at a later time with a lawyer

Copperlaw : The priority now is the safety and protection of your daughter.

Copperlaw : This needs to be reported, otherwise she will suffer more going forward on a psychological level than she is right now

Copperlaw : Again, if you are concerned regarding the brother being a cop, speak first to an NCO and explain your concerns that he might try to use his brother's position to influence the investigation and that you simply want to ensure that a fair and unbiased investigation is conducted and that your daughter is protected

Copperlaw : The police should also seek a warrant for his cell phone, to retrieve the pictures, firstly to ensure he doesn't distribute them and secondly as evidence

Copperlaw : That is, assuming he doesn't have it on him when aressted

Copperlaw : Arrested, sorry

Copperlaw : Was your daughter ever consentually intimate with, or did she ever date this guy? If so, then this would be considered a case of domestic violence and the police would be bound to lay charges where any evidence exists in accordance with federal and provincial policy

Copperlaw : I hope this information isof assistance. Please let me know if you require anything further

Customer :

My daughter caught him with her phone and made him delete them

Copperlaw : Well that is good

Copperlaw : You still need to address the entire situation though, and that in itself is still evidence of the criminal harassment

Customer :

Expert Type	Lawyer
Category:	Canada Law
Pos. Feedback:	97.8 %
Accepts:	961
Answered:	7/19/2012

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