How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Legalease Your Own Question
Legalease
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16288
Experience:  13 years experience in employment law, unions, contracts, workers comp law
20355756
Type Your Employment Law Question Here...
Legalease is online now
A new question is answered every 9 seconds

I saw a physician today and the advice given was to contact

Customer Question

I saw a physician today and the advice given was to contact a lawyer regarding my co-worke, who is a higher level employee than me and my mentor. Last July he raped me and then a sexual relationship continued until last night. He is married and I am not. The concern from my physician is that my job could be in jeopardy since he is thought of very highly at the pharmaceutical company that we work for, is more senior and has been through management training. The physician has signed me out of work for next week until I can see a psychologist. Do I need an attorney in this situation?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Legalease replied 1 year ago.
Hello there --
-
Do you think that now that the relationship has ended that he will harass you in any way to get back together with you .
-
Also, were other coworkers generally aware of the affair ? Did any of them try to create a hostile work environment around you by bringing up the affair in a not too pleasant manner ?
=
MARY
Customer: replied 1 year ago.
I don't know if other workers know. The concern is that he is thought of very highly at our company, has been with the company for 16 years, is a higher level employee than me, has management training at the company and I am afraid that he will say things to management to get me fired.
Expert:  Legalease replied 1 year ago.
Hello there --
-
I can tell you the law surrounding this topic and I can tell you the reality of what happened to me.
-
FIRST, your first step is to report the matter to HR and they are required under the US Dept of Labor and the US Equal Employment Opportunity Commission ("EEOC") to investigate on an in house basis and come to a conclusion either for or against you. If they find against you , you can still file a direct complaint of employee discrimination based on gender with the EEOC. The EEOC will then investigate the matter itself and in many instances it will overturn the decision of the employer. If the company finds in your favor or the EEOC finds in your favor, the employer must take you out of the immediate working area of the person that you had difficulties with. They do not have to offer you a settlement and they do not have to do anything except move you away from him. Period. Your best bet at this point is to hire a private employment discrimination lawyer to file a civil lawsuit against the company based on the positive findings if you have positive findings. THe employer may then want to negotiate a settlement agreement in exchange for your resignation.
-
In the event that they move your job and work area in a positive finding situation, they will then start another pattern of harassment -- every person you have ever done good work for in the company will turn on you and you will start receiving bad performance reviews. This is done so that they can build a case against you for termination a little bit down the road when they can get away with terminating you without fear of reprisal from the EEOC for doing so (if you are fired within one year after the conclusion of the complaint process then the EEOC presumes that they are using the underlying reason of retaliation to terminate you). In the event that you lost your complaint with the employer and the EEOC then they do not have to wait the year before they try to gather trumped up poor performance evidence against you to terminate you.
-
The system is supposed to work and in many cases it does work -- but what I describe above is what happened to me after 8 years of exemplary performance reviews -- I got pregnant and had to limit my hours due to life threatening high blood pressure and diabetes at the end of the pregnancy. My supervisor was not happy that I was no longer in the office to do the work and actually sent the computer department to my house to install a WiFi system so that I could work on his loans and still have my bedrest. Finally my doctor was so angry she hospitalized me and would not let so much as a cellphone near my room. I returned to work and complained to HR and the managing partner about his actions and thought that they would all be "good and decent people" and resolve it. No dice. They were the sleaziest, slipperyest jerks who did everything they could to discredit me.
-
I truly wish that you had reported the rape when it occurred or closer to that date because even though he harrassed you into a relationship with him after that, it will not look good to report it now even though there is a 7 year statute of limitations on such a charge. Unless you have some pictures of your condition and/or some witnesses or you went to the hospital afterwards.
-
Overall, in considering your situation and some of the problems that might arise, I DO think that you should hire a private employment law attorney to assist you in these matters as you walk through the complaint process with your employer and the EEOC. You can find such a lawyer by contacting your state bar association attorney referral services and asking to be put in touch with such a specialist. The attorney WILL handle things with your employer as well as those agencies you have filed complaints with and if you have an attorney on retainer the employer will not be looking to automatically terminate you and you may have a chance at retaining your job after all.
-
I hope that the law above helps you as well as what one person went through in such a situation. Please let me know if you have more questions. If not, can you please press a positive rating under this ANSWER box so I WILL BE PAID FOR MY TIME ASSISTING YOU TONIGHT. I am paid NOTHING unless you press a positive rating below (doing so ill not cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time. THANK YOU VERY MUCH
-
MARY
-