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Hi,I was verbally sexualy assulted at my work by a off duty

 
Mary M Esquire's Avatar
  • Answered by:Mary M Esquire
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Customer Question

Hi,I was verbally sexualy assulted at my work by a off duty police officer in front of my work partner.
I file a complaint with my supervisor and the pollice dept. He was sent a letter not to spak to me by my employer. The police called him,he did admit to the issue.They said he did nothing to wrong so no charges or actions were taken.
This was also on a survailance tape.
I have been off work for 2 weeks now,Im on medication that I cannot function at my job.
My doctor took me out of work ufn....My union is also doing nothing to help me.I am the only female employee at this facility...What can I do?

 

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Country relating to Question: United States

Already Tried:
Waiting for Teamster attorney to call back...Its been 2 weeks and I have not had a response

Submitted: 300 days and 11 hours ago.
Category: Employment Law
Value: $28
Status: CLOSED
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Expert:  Mary M Esquire replied 300 days and 10 hours ago.

Hello there

Why was the off duty police officer at your work? Does he still come there during your shifts?

--MARY

Customer replied 300 days and 9 hours ago.

I work at a Recycle center (dump) in the state of Maine...


Yes he still comes there, he was sent a letter not to talk to me..

Customer replied 300 days and 9 hours ago.

I run the facility...I am always there when it is open

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Expert:  Mary M Esquire replied 300 days and 9 hours ago.

Hello again

Does he come in as a customer or is he there as an off duty detail officer?

--MARY

Customer replied 300 days and 9 hours ago.

I guess you could call him a customer.....I work for a town public works dept. this is a service of the town, a place to dump your trash..no curb side pick up, the towns peaple bring there own refuse

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Expert:  Mary M Esquire replied 300 days and 9 hours ago.

Hello again Mary (I like your name):

I think you can realize what a difficult position that your employer is in because it is difficult to ban a customer from dropping their trash at your facility if it is the only one in town. They are also dealing with the fact that you are all town employees and I take it that the cop is also. It is not surprising to me that the police dept found your complaint to be unfounded -- that is generally what they do. However, you should file a complaint with the Equal Employment Opportunity Commission (EEOC) for gender discrimination and sexual harassment -- you can do this on your own without an attorney and the EEOC will investigate the matter and give your employer some recommendations regarding how to deal with the situation (such as having you go into the facility when he arrives and making other employees handle his trash and customer issues -- perhaps even banning him completely and if the EEOC says they must do it, then your employer will comply). If you find that emotionally speaking and stress-wise that you cannot handle it in that manner then you may be able to negotiate a settlement with your employer in order to leave your job (the employer will usually only give a settlement if you agree to leave the job and not sue them). Once you get the EEOC involved, you should seek out a private Employment Law attorney to review your case because at that point you may decide that you need someone to negotiate a settlement on your behalf so you can move on and put this behind you.

-

MARY

Customer replied 300 days and 9 hours ago.

I like my job,I have 12 years til i retire,why should I hav to leave my position??? 8 % of the country is unemployed...


Are there any other options?


 

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Expert:  Mary M Esquire replied 300 days and 8 hours ago.

Hello again

I understand that -- but these cases of gender discrimination and sexual harassment usually result in the woman having to take a settlement and find another job if you push the case to its natural conclusion -- however, if the union and company can work out something where he is not permitted to go there any longer that might work for you. Other than that, you can also sue the police officer personally but because he was cleared by the police department that will be an uphill battle unless the EEOC finds in your favor.

--MARY

Customer replied 300 days and 8 hours ago.

Im hoping to talk to the union attorney on Monday, Should I wait for them or just get in touch with the EEOC...


As i said I have not heard back from the attorney for 2 weeks,that was only a pre thing with a paralegal


I wanted to go thru my union because I have paid dues for 20 years and dont have the money for a personal attorney

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Expert:  Mary M Esquire replied 300 days and 8 hours ago.

Hello again

Wait to see if the attorney calls you back for another day or two. But because it has been 2 weeks and you are in limbo here (which is unfair) - I would contact the EEOC at some point this week. I understand about wanting to go through your union but I have also been a union member in the past and I have found that they pretty much look out for themselves.

--MARY

Customer replied 300 days and 8 hours ago.

Did you get my last response?

Customer replied 300 days and 7 hours ago.

What i said was he admited to saying it, said he knew he crossed the line after he left, said in front of a witness, the police said there was nothing they could do....so I could sue him personally ?

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Expert:  Mary M Esquire replied 300 days and 7 hours ago.

Hello again

Yes, you can sue him personally for sexual harassment but you will have to get your own lawyer on the matter because the union lawyer will not do it.

--MARY

Customer replied 300 days and 7 hours ago.

So that I understand...But since he admitted it to the police and a report was filed, will the EEOC look at that in my favor?

Accepted Answer

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Expert:  Mary M Esquire replied 300 days and 7 hours ago.

Hello again

I would assume so but because I am not intimitely familiar with what happened and what was reported and said, I cannot tell you that definitively.

--MARY

Expert TypeLawyer
Category: Employment Law
Pos. Feedback: 98.8 %
Accepts: 1579
Answered: 6/23/2012

Experience: 13 years experience in employment law, unions, contracts, workers comp law

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Customer replied 300 days and 7 hours ago.

Thank you for the info..I appricate your help, this is the most help I have recieved since this issue began.

 
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