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N Cal Attorney
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 8087
Experience:  since 1983
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can i move to another state as i have recieved sexual harrasment

Customer Question

can i move to another state as i have recieved sexual harrasment notice from court?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. By "notice," do you mean that you have been charged in a criminal court?

Or, is this a civil court action and you have been sued?

What exactly has happened?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

I think yes they have send notice to me and my employer coz i terminate girl from company without bieng given notice so it says like company has to pay $250000 to settle the matter that means they have sued for sure but as i m an alien cant do anything but go to jail so just wanna know if i stay here hidden will i be able to go back india ever or just have to stay hidden for whole life?

Expert:  Ely replied 1 year ago.
Hello,

Thank you. It sounds like you were sued in civil court. However, to ensure this, I need to know exactly what you received.

Can you tell me: the name of every document, and generally what it states (i.e. describe it to me)?

Or you can scan it in and send it. Let me know if you wish to do this.
Customer: replied 1 year ago.

HI

Expert:  Ely replied 1 year ago.
Hello,

I am not sure what "HI" means - this is what I have received as a response from you.
Customer: replied 1 year ago.

i was trying to reply but i got massage ( access denied),what does that mean sir?

Expert:  Ely replied 1 year ago.
The site may have had a glitch. Sorry about that. You should be able to reply without a problem now.
Customer: replied 1 year ago.

i just wanna know if i can leave the state n stay in some other state or go back to country,

Expert:  Ely replied 1 year ago.

Bharat, I would like to tell you, but the answer depends on whether or not this is a criminal or civil matter. And to figure this out, I need to know exactly what you have received in the mail, friend.

Customer: replied 1 year ago.

Its one of my employees father who have ask lawyer to file suit against me for sexual harrasment,intentional infliction of imotional distress,unpaid wages and punitive damages as she was 17 year old girl.


its been while that she was terminated in january but dont know what happened all of sudden.


so lawyer has sent me notice giving me 10 days period to pay 250000 dollar n if not they gonna file suit.

Expert:  Ely replied 1 year ago.
Thank you, Bharat. I understand now.

First of all, understand that this is a prelude to a civil matter, and not a criminal matter. This means that if you are sued, you would not be "going to jail" if found responsible. In the US, in a civil suit, the only thing that the winning party can do is get a monetary judgment, basically, and attempt to enforce that judgment by attaching your assets, for example (if you do not pay).

Also, understand please that this is not a SUIT, but a demand letter which threatens a lawsuit unless you make a payment settlement. Of course, the choice is yours whether or not you wish to negotiate a payment or take your chances in court if the attorney really does file.

If you simply go into another state, chances are that the attorney will find you - or at least your assets - and may attach them upon getting a judgment. If you wish to go back to India, you may as well, and honestly, the attorney is unlikely to be able to enforce any judgment in India due to the infamous Indian judicial system which takes years to push anything through.

The suit/judgment in no way reflects your immigration status.

I hope this helps and clarifies. Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

sir i dont have anything as status i m an illegal person n dont own anything in america as asset but just want to know if i move from here to another state,there will be warrant issue on my name? or does my company has to pay the money? what gonna happen if i just move somewhere in state or back home? are they gonna find me or report me to another states if they issue warrant?

Expert:  Ely replied 1 year ago.
Friend,

Ah, okay.

No, you generally should not get a "warrant" out in your name for a civil suit, generally speaking. The caveat is if the court orders you to answer interrogatories for your assets once/if the other side gets a judgment, and you do not answer and do not show up, then the court may issue a bench warrant - but that is IF you were personally served.

I do not know what you mean by "your company," but if the suit is against you, you are responsible.

Moving back to India will essentially stop the matter because the attorney would not even know where you went, would not be able to find you to sue you, would not be able to find your assets (if any), and enforcing a judgment in India is near to impossible.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

my company means my employer for whom i work as manager here so if i disappeared is it gonna coz them problem? becoz notice consist name of my emploer too but he has been asked to pay only the unpaid wages in the notice.


one more question is like if i move to another state n they issue warrant on me for after further proceedings will i be ever go back to india or cant leave country ever?

Expert:  Ely replied 1 year ago.
The attorney may sue the company as well, and they may do so if they cannot find you. They likely plan to sue both of you.

one more question is like if i move to another state n they issue warrant on me for after further proceedings will i be ever go back to india or cant leave country ever?

No warrant should be issued against you in a civil suit (with the minor exception of not answering post-judgment interrogation and avoiding a hearing on a motion to compel served upon you, but even then, such a warrant is typically not in the National Crime Information Center and would not be seen in another state).

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

well so as an illegal hiring my employer dosent have any record of mine n i get cash paid so if they sue both of us will my company stand chance to fight or they will have to pay the money?

Expert:  Ely replied 1 year ago.
Hello,

well so as an illegal hiring my employer dosent have any record of mine n i get cash paid so if they sue both of us will my company stand chance to fight or they will have to pay the money?

Even if they hired you informally, it would be hard and somewhat silly to deny that you worked for them since you were the manager.

The company would likely simply settle.

At this point, you should really retain counsel, if possible. I can recommend three resources. First, here is a list of all pro bono work in the state...

http://www.abanet.org/legalservices/probono/directory/louisiana.html

…and another list:

http://www.lawhelp.org

Finally, you may call your local law school and see if they have a legal clinic place available. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:

http://www.hg.org/law-schools-louisiana.asp

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Customer: replied 1 year ago.

sir very honestly i just dont want to get in any of this coz i have no identification so if they take me for detention i might get deported from usa so will it be good idea to just go in another state and leave there with new begining?

Expert:  Ely replied 1 year ago.
Hello,

U.S. Immigration and Customs Enforcement only detains illegal aliens if they have committed criminal acts, or, are a threat to national security. So it is very unlikely that you would be placed into removal over this matter.

You can go to another state but the judgment (if any) may follow you there. You can go to India, and if so, the judgment will not follow you there generally speaking.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

but as you said before warrant will not be seen in another states then how judgement will follow me in another state?


 

Expert:  Ely replied 1 year ago.
A warrant and a judgment are two different things.

A warrant is something that the Court issues if you do not appear before it. This is rarely done in civil court and frankly, is not likely to be an issue here.

A judgment is the monetary sum that the Court orders that is to be paid by you, if you lose. The attorney may (or may not) find you in some other state by using public records and if so, then may attempt to satisfy judgment by attaching any assets you may have, such as money in a bank account, etc.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

if any of these happens then is it gonna be problem for me to go back to india or are they gonna stop me at airport?

Expert:  Ely replied 1 year ago.
No, you generally should not have any issues leaving the country if there is a civil judgment against you.

Civil warrants are not fed into the NCIC database are are unlikely to show up at the peripheral scan that TSA/ICE/CBP would perform on you when you leave.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

well thats good, another question i have is like if anybody come to my workplce looking after me Are they gonna question my collegues as they all are just like me aliens so will it gonna coz them problem?

Expert:  Ely replied 1 year ago.
Hello,

There is no reason why anybody should come to your workplace in regards XXXXX XXXXX matter aside from serving you process if you are sued (which basically consists of giving you an envelope). They should not question or harass anyone else.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

This notice has been send to me yesterday and i have recieved today so i m sure they must have sent to my employer as well so in your opinion what do you think my employer would do when he will recieve this notice tomorrow? is he gonna report me so that i would not runaway?

Expert:  Ely replied 1 year ago.
I cannot predict what your employer will do, except I believe that likely, they will call you in and ask you as to what happened and determine what the best course of action is for them and for you.

is he gonna report me so that i would not runaway?

Considering that they are breaking the law by hiring you - an alien without authorization to work - in the fist place, I highly doubt it.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

if i dont pay the fine n my employer would not want to pay too so whats gonna happen?

Expert:  Ely replied 1 year ago.
I am going to opt out of your question and open this up for other experts.

Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other experts' access to it.

My apologies for any inconvenience and good luck...
Expert:  wendy-Mod replied 1 year ago.
Hi, I am a moderator for this topic. It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Wendy
Customer: replied 1 year ago.
pls i need some more info on this thanks.
Expert:  Fran-mod replied 1 year ago.
Thank you for your patience. We will continue the search for another professional for you.
Expert:  N Cal Attorney replied 1 year ago.
Any damages judgment would be assessed against the employer, and even if you were named on the judgment the employer would still have a duty to pay it under a doctrine called respondeat superior.

I hope this information is helpful.
Customer: replied 1 year ago.
Is there anyway that my employer could get away with this situation coz if he has to pay 250000 then i m sure he will try his best to find me in america n put me in jail as i have run away.
Expert:  N Cal Attorney replied 1 year ago.
The employer has no power to put you in jail for quitting your job and leaving.
Customer: replied 1 year ago.
how do i send you those notice paper so that you exactly give me the right answer.
Expert:  N Cal Attorney replied 1 year ago.
You could scan and email them XXXXX@XXXXXX.XXX with Attn N Cal Attorney in the subject line.

Or you can get a free consultation from some of the attorneys listed by location here.

If you have not done so yet, you should make sure that your employer is aware of the papers and of your right to be defended in Court by the employer or the employer's insurer.
Customer: replied 1 year ago.

ok i will send you those copies thanks.

Expert:  N Cal Attorney replied 1 year ago.
I'll post again once I receive your email.
Customer: replied 1 year ago.

does this immigration reform will help C1D visa holders who are living here illegaly?

Expert:  N Cal Attorney replied 1 year ago.
To the best of my knowledge it does not. A C1D is a nonimmigrant visa used only by working crew members of a vessel or aircraft so a person with that type of visa is not eligible for adjustment of status inside the U.S., see
http://www.justanswer.com/topics-d-visa/
for more detail.

Congress is still working on changes in the immigration laws, and I cannot predict if any of the changes yet to be enacted would change the rule against allowing crew members to change their status without exiting the U.S.

I hope this information is helpful.
Customer: replied 1 year ago.

thanks for reply but what about those who dosent have any kinda id and staying here illegal so we all come under those 11 million undocumented right? n i guess we are better coz we have some sort of id,what say?id

Expert:  N Cal Attorney replied 1 year ago.
Immigration law is the most political area of the law, and it is very uncertain what Congress might do. Under current law, a crew member can not adjust his or her status without leaving the country. If an amnesty is enacted, it is probable that people who overstayed their visas will get a better chance at adjustment of status than people who just entered the U.S. with no visa at all, but that is just my speculation.
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 8087
Experience: since 1983
N Cal Attorney and 18 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

hi cal your service has been outstanding but its me who is not yet satisfied with my myself coz i have so many question regarding my immigration status so i will have to wait for this immigration reform to pass from house n then see if i stand any chance for paperwork here.tahnks for service i will get back to you if i have any questions.

Expert:  N Cal Attorney replied 1 year ago.
Thank you for the Excellent rating!
Customer: replied 1 year ago.

hey N.cal how are you? i just got to know from someone that there is warant issued on my name,so my question is how do i find out weather its true or not? pls help me i m getting really tense now n couldnt think of anyting other than going back to india.tell me my options pls


 

Expert:  N Cal Attorney replied 1 year ago.
Have you called the County Sheriff to ask if there is really a warrant?
Customer: replied 1 year ago.

i m scared to call them as they would hunt me down n the other thing is i m not in lousiana anymore i m in some other state living quietly.is there any other way of finding out or may be some other person can call n check for me.

Expert:  N Cal Attorney replied 1 year ago.
You can ask a friend to call for you.
Customer: replied 1 year ago.

If there is warrant are they gonna come looking for me or try to find me through public information?

Expert:  N Cal Attorney replied 1 year ago.
It depends on what the warrant is for.

Did you ever try to email me the notice you mentioned?

Did you give a copy of it to your employer?
Customer: replied 1 year ago.

i m not able to attach here but if you provide me your email address i can send you thanks

Expert:  N Cal Attorney replied 1 year ago.
You can send it to XXXXXXX@XXXXXXXXXX.XXX and write ATTN N CAL ATTY as the subject line.

Did you give a copy of it to your employer?
Customer: replied 1 year ago.

i have attach both copies of notice which was send to me thanks.

Expert:  N Cal Attorney replied 1 year ago.
OK, I should get it from the web site within 48 hours.
Expert:  N Cal Attorney replied 1 year ago.
I got a copy of a 2 page demand letter but nothing from any Court.

Did you get anything from a Court?

Did you give the demand letter to the employer?

I am going to be off line probably until tomorrow so don't think I've forgotten this, I am traveling out of town.
Customer: replied 1 year ago.

this is what i have n dont know if anything additional send by lawyer to my employer or me coz i left the state very next day but i will wait for you to come to back n very appreciated :-)

Expert:  N Cal Attorney replied 1 year ago.
Did you give the demand letter to the employer?
Customer: replied 1 year ago.

well he knows about that n he said to one of my friend that there is warrant issue on my name in whole lousiana but my concern was like if there is any warrant on my name how could court or police didnt send me any notice or anything which will inform me about my fines or anything prior warrant?

Expert:  N Cal Attorney replied 1 year ago.
Does anyone know what the warrant is for?
Customer: replied 11 months ago.

hi cal i m back again with some doubt in my mind. so the thing is like


>I have recieved demand letter from my employee lawyer in which he held me for QUID PRO QUO.


 


>now i have left the state n leaving in another state.


 


>i really dont know what happened there but i got news that my employee attorny been to my company office but as i m illegal in america n had no official record what so ever in company they just refused that i worked for them.


 


>so now my question is what would the possible situation in my case as i m not there n my company also didnt take my responsibility.


 


pls reply me as i m really scared n cant stop thinking about it.

Expert:  N Cal Attorney replied 11 months ago.
The company is liable for the acts of its agents and employees whether or not the former employee can be found.

Quid pro quo is a type of sexual harassment in which benefits are pffered to be traded for sexual favors.

I hope this information is helpful.
Customer: replied 11 months ago.

so if i get caught anytime soon,are they gonna put me in prison for the fact that i m illegal n my company would not pay the amount mention in demand draft.

Expert:  N Cal Attorney replied 11 months ago.
You will not be arrested for not paying the lawyer's demand, but I cannot pomise you would not be detained or arrested if you are out of status on your immigration status.
Customer: replied 11 months ago.

Alright but judge has issued a bench warrant on me so even if i have warrant on my name for quid pro quo,so what you think now?do you think if i get detained some day they would only deport me or punish me for this offense?

Expert:  N Cal Attorney replied 11 months ago.
Can you tell me why the bench warrant was issued?

Have you been charged with a crime?
Customer: replied 11 months ago.

well is there anyway i could get any details about my case from somwhere without bieng get caught coz this thing is just making me think a lot n not allowing me to concentrate on work.On which website i will find my all history n background in america?

Expert:  N Cal Attorney replied 11 months ago.
Do you know which Court issued the bench warrant?
Customer: replied 11 months ago.

well really dont know but i will find out soon n get back to you.


thanks N Cal for the advice n info good night see you soon.

Expert:  N Cal Attorney replied 11 months ago.
OK, I'll wait to hear from you.

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