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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26163
Experience:  Began practicing law in 1992
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i am a dental hygienist in a small office of oe front office

Customer Question

i am a dental hygienist in a small office of oe front office person an assistant and the doctor. the doctor is disgusting in that he goes on on about female patients anatomy and will make obsean jesture with his hand as if jacking off etc. we all need our jobs so we mostly just walk away. he has made remarks several times about how sexy his 12 and 14 patients were.he was going on and on about how beautiful and ssexy this one patient was. turned out he was talking about a 14 year old. we were shocked and said that we thought he was talkiing about the mom. we said she was just alittlr girl.he said no she was notdid you see tose buds popping out!
i am the mouthy one and has asked numerous time that i did not want to hear his comments anymore!! this last time igot reallllly mad and said how wouldyou likeit if i went one about mens packages! please stop! now i think he may fie me. he asked me a few days ago to put an ad o craigslist for him now he thinks i put a logger to track him on his computer. we all thing he stays all hours of the night watching porn. i did skim over something abt hitting a 12 year old hard...which looked proverted, dont know, didnt go there.
a few months before i was showing him my ipad and left him for a min to come back with a porn scene oN MY computer! I really got mad at that!

1. is it illegal for him to be watching porn on his comp in his office.?
2. is it illegal for him to say the things he does when i have repeatedly told him not to?
3. is it illlllegel for him to view porn on my computer? as a professional shouldi report him? what if he fires me for himthinking i am trcking him and telling him not to say things to me
Submitted: 11 months ago.
Category: Legal
Expert:  Dwayne B. replied 11 months ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and and I look forward to assisting you this evening.

JD 1992 :

I'll answer the questions as you asked them and then you can ask follow ups as needed.

JD 1992 :

1. is it illegal for him to be watching porn on his comp in his office?

JD 1992 :

No, there is nothing illegal about that.

JD 1992 :

2. is it illegal for him to say the things he does when i have repeatedly told him not to?

JD 1992 :

It's not illegal as far as criminal but it is sexual harassment and would be illegal in that context.

JD 1992 :

3. is it illlllegel for him to view porn on my computer?

JD 1992 :

I assume you are talking about your work computer and that he owns it. If so it wouldn't be illegal.

JD 1992 :

as a professional shouldi report him?

JD 1992 :

I'm not really sure who you would report him to. I guess you could report him to the ethics board but they're probably not going to do anything.

JD 1992 :

You could report him to the EEOC for sexual harassment but there aren't any real damages so you won't get much satisfaction by doing that although it may scare him enough to where he will stop.

JD 1992 :

If he fires you because he thinks you are somehow "tricking him" there isn't anything you can do.

JD 1992 :

If he fires you for telling him to to discuss sex etc. then that would be sexual harassment as well and you could sue for that.

Customer: he was on my personal computer when i was out of te room . when i caugh him he said it just popped up which was not true! He is also picking and pulling on his stufff....(sick) I have made remarks such as do you have bugs? and asked him to quit. he just quitsand goes away but it seems he forgets and keeps doing it. The sexual coments are so sick. this last tie i think i made him parinoid enough to fire me. it is very hard to get a job!!
Customer: i
Customer: ther arre young girls that tell me they are creepe dout but their parents make them come
JD 1992 :

When you say your "personal computer" do you mean you paid for it?

Customer: yes, my ipad that i was just showing him
JD 1992 :

There's no much you can do about the young girls if he isn't actually doing anything illegal. It is creepy of course but I don't think the police are likely to do anything if you report him.

JD 1992 :

It's not illegal for him to use the iPad. Theoretically it could be some type of trespass but you would never get the police to pursue anything.

JD 1992 :

However, the porn site being left on there is more evidence of sexual harassment.

Customer: what if he lets me go due to me telling him to quit. of course it wont be beause of this..
JD 1992 :

You can file for sexual harassment if he lets you go.

Customer: to who, the eeoc dental board or an attorny. i did make an appt for friday..not sue he can help. he told me to start looking for another job when i told him why. if ilose this job will sing him be difficult an would it pay for loss income. i cant afford to lose the income. the rest of the staf may not support me b/c they are supporting their familys
Customer: is it sexual harrasment or hostile environment?
JD 1992 :

The EEOC. What you probably want to do is go ahead and pick out a local employment attorney and have them help you plan your strategy.

JD 1992 :

It is a hostile work environment based on sexual harassment. They are intertwined.

Customer: thxz what sually hapens in these cases as fare as compensation etc?
JD 1992 :

That varies. If it goes all the way to a lawsuit and the jury believes you they give any lost wages plus an amount for emotional distress but the amount can vary considerably.

Customer: i know youcant say...but does it sould like i have a strong case at all or just
JD 1992 :

It does sound like you have a strong case. If you can get someone else to back up what you say or someone else that will state the dentist does and says the same thing to them then you have an excellent case.

Customer: i have increased his income at least 100k in one year i know that i am good at my job. i have got one girl to throw her hand up and say i dont want to hear it. nothing is aimed at us its just shots at the women in his chair but it is sick.
JD 1992 :

It would still be a hostile work environment even though he is directing the comments at someone else.

Customer: i cant rememeber the names but there have been husbands that would not let him see the daughter. so if the rest need their jobs i dont know if thats gone to fly. would they be sapeona or what ever its calle in to testify?
JD 1992 :

Yes, they would be subpoenaed to testify live or by way of deposition.

Customer: cool. cant think of what elsee to say do you?
JD 1992 :

The lawyer may also be able to subpoena his internet records to show that he is going to the porn sites which would support your story as well.

Customer: too cool thx do you think it could be settled outof court? and he woud have time to get rid of this computerss
JD 1992 :

I would think an out of court settlement is a distinct possibility. Also, you get the internet records from the provider not off of the actual computer.

Customer: thx you are taking time to answer!!!! wish you were here!!!! I am really afraid what will happen!
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26163
Experience: Began practicing law in 1992
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