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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111608
Experience:  20+ Years of Employment Law Experience
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I have a seniority date with my company of 8 years. In 2011,

Customer Question

I have a seniority date with my company of 8 years. In 2011, I reported sexual harassment. My manager made several advances towards me, which have all been docimented. (Dates, times, situation, as well as emails sent to and from HR. I have had several medical issues and significant losses and was not able to work. However, I hired an attorney and we were able to come to an agreement with the company, where I would receive an new job that I had applied for, partial attorney fees paid, and a contract that states my former manager and I would be in "totally separate buildings" to avoid any contact. However, I returned to work and they had promoted my harasser and relocated him to my building directly arose the isle from me. One he noticed me he started the harassment again, again all documented, I reported it to my direct manager (witness) and Hr. It still continues and I was asked to relocate my desk to a different area. The harasser has followed me to the restroom and stood directly behind me while at the urinal and made many more advances despite what HR has instructed him. HR would not even take any corrective action. Also, during this time I applied for a position to move me to another part of the company to avoid confrontation and to be proactive, however I was denied. The EEOC has filed charges of discrimination, but do I have a breach of contract as well as sexual harassment and discrimination? The EEOC asked what I wanted to settle and considering this situation has not been resolved due to the companies negligence should I ask for more than the typical severance package of 1 weeks pay for each year with the company? This has really caused a lot of distress, depression, anxiety, and even financial hardship.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Actually, you should not ask for anything but a right to sue letter at this point and you should get an attorney to represent you in a suit in this case. The conduct you describe is willful and malicious breach of the EEOC agreement and sexual harassment, which puts the value of this case at the minimum $50,000 or more range and it is not something you should be dealing with on your own with the EEOC. You need to engage an attorney and sue for lost wages, emotional distress (which alone could be more than $50,000-$100,000, based on how long this has gone on) and also for punitive damages since the company never stopped it after agreeing to do so and violating that agreement. Punitive damages can be up to 3 times your actual damages and also you can get attorney's fees as part of your award for this type of willful misconduct.

Customer: replied 1 year ago.
Are you an attorney in Ohio?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

I must apologize, but site rules and state law forbids any attorney on this site from representing anyone from this site. You would need to get a local employment discrimination order from one of the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com for representation.

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