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AttorneyTom
AttorneyTom, Lawyer
Category: Family Law
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My husband put spyware on my phone and discovered I was sexting

Customer Question

My husband put spyware on my phone and discovered I was "sexting" my employer. My husband since stormed my office and confronted my boss. My husband now says he can sue for sexual harassment even know I am not claiming there was any. There wasn't, I instigated the talk. He has made me quit my job and is threatening me about this "suit". Is he correct?
Submitted: 7 years ago.
Category: Family Law
Expert:  AttorneyTom replied 7 years ago.

Thank you for your question.

What follows may or may not be what you want to read. However, please do not shoot the messenger. While I can control the quality of an answer, my control over the content of an answer is restrained by the truth.


An employee's spouse does not have standing to sue an employer for sexual harassment. Only the employee would have standing for such a suit.

Please remember to click accept so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated.

If you need additional clarification of this response, please ask a follow-up question and I will be happy to clarify.

Sincerely,
T

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Customer: replied 7 years ago.

I am trying to get my job back but the company obviosly doesn't want to deal with him anymore.

Husband claims because I lost my job over sexual coan sue because it affected him tontent in a text he c

Expert:  AttorneyTom replied 7 years ago.

Thank you for your question.

What follows may or may not be what you want to read. However, please do not shoot the messenger. While I can control the quality of an answer, my control over the content of an answer is restrained by the truth.


While you, as an employee, might have grounds for a sexual harassment suit, your husband would not have standing, as he is not an employee. Your husband cannot typically sue on your behalf.

A successful sexual harassment may be established when:
"Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature" occur and submission to the conduct is required as a condition to employment or affects employment decisions related to the person.
In this instance, the employer is always liable.

Even if your attorney does not feel you have a claim under the above description, he may also evaluate whether or not you have a claim under the following description of sexual harassment:
"Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature" and the conduct is intended to or actually does create a hostile work environment or unreasonably interfere with work performance.
In this instance, the employer is liable if the employer knew or should have known of the conduct.

Please remember to click accept so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated.

If you need additional clarification of this response, please ask a follow-up question and I will be happy to clarify.

Sincerely,
T

_____________________________________


Please click the green
Accept Button and leave Positive Feedback so that I receive credit for answering your question. Bonuses are always greatly appreciated. I do not receive any payment at all from JustAnswer unless you click accept.

Please remember: Feedback is left for me as an answerer. Please do not shoot the messenger. My control over the content of the answer is limited by the restraint of truth.


_____________________________________


Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public. T-USA is not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. T-USA does not claim to be licensed to practice law in the state for which this information is provided. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should seek a local attorney as soon as possible. You can find a local attorney at
http://www.lawyers.com or http://www.martindale.com.



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