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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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Experience:  8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I recently was involved in an incident with a girlfriend now

Customer Question

I recently was involved in an incident with a girlfriend now ex-girlfriend. The whole story is complicated so I will try to get to the point. This ex-girlfriend also happens to be my boss at work. I discovered that she was cheating on me with another one of her direct subordinates. When I found this out I went to her house to talk to her. I had been drinking that night. Not long after knocking on her door the cops arrived and asked me to call a cab and leave. Instead I asked the cop to take me to the hospital for a medical evaluation. I have a history of heart problems and the stress was causing me chest pain. At the hospital, I expressed to the doctor my chest pains and after explaining everything and the stress to him he decided I needed a mental evaluation but since I had alcohol in my system a psychiatrist wouldn't see me until I was sober. They sent me to detox. When I got out of detox I discovered many messages on my phone from colleagues who were asking what happened. They all said there were rumors going around that I went crazy and was sent to detox and committed to a psych ward. When I was in the hospital, I tried to call my parents from the hospital phone but got no answer. They saw the number was from the local hospital. Knowing my heart condition they were obviously worried. When they called the hospital they got the standard no info reply due to confidentiality. They ended up going to my place of work in an effort to find me where they spoke to another manager who told them that rumors were going around that I went crazy. Now, keep in mind when I was at my girlfriend's/boss's house I had no contact with her. There is no way she could have known I requested to be taken to the hospital unless one of the cops told her afterward. Considering I told absolutely no one but my immediate family about this and people at work knew about it before my family even did, I want to know what kind of rights I have. It seems obvious someone broke confidentiality and now my job and reputation are in jeopardy.

PS: I have checked the police report in public record. There is no info about my request of going to the hospital. The exact verbiage from the report is...
N A R R A T I V E
There is no evidence submitted by this officer in regard to this case
On 06-02-2013 at approximately 1930 hrs, I (Cpl. Ron Gravatt) contacted the RP, identified as Jennifer Gibbons, in regard to phone calls,
text messages and face book messages she has been receiving from an ex-boyfriend.
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. Do you know who called the police? The reason I ask, is because you said you had no contact with the women or anyone else, when knocking at the door, so I am curious as to who and why someone would call the police on you. Is it possible that she was home and did not answer the door but was able to hear what was going on?
Customer: replied 1 year ago.
I can only assume it was her. We were texting before I went over to her house. Though I didn't have any contact with her at the scene the police did speak with her and said they saw my texts. We were arguing through text. No threats of any kind were made by either party. I was simply coming over to talk to her but it turned out her new boyfriend, and as mentioned before, another one of her direct subordinates, was staying over. I assume that is why she didn't answer the door and just called the cops. The cops must have been close by because they were there fast. It is highly unlikely she heard what was going on. She lives in a trailer park next to a busy highway and the street where the cops confronted me is quite a way from her door. Also the discussion with the cops and myself only involved me asking to be taken to the hospital. The decision for detox and *mental evaluation was made at the hospital. My best guess was the cop returned to her house after he left the hospital and informed her. I can't think of any other possibility how this got out so quickly.
Expert:  LegalKnowledge replied 1 year ago.
Thank you for the additional information. Based upon the facts that you stated above, it does appear that she likely called the police and she spoke with them after you were taken away. It would have been at that point, that the officer told her that you requested and were being taken to the hospital for an evaluation. There is nothing wrong with the officer telling her that and it is unlikely that the officer knew your doctor requested a medical evaluation, since it was so far after the incident. The issue of confidentiality comes in, in regard to your medical records and the hospital releasing them to others. I'm inclined to believe that she did tell people about the incident and then rumors and speculation started. People form their own conclusions, often false, which lead to the situation that you are in now. There is certainly a conflict of interest when two employees date and one of them is a superior. It can create problems in the workplace and often times, these relationships need to be disclosed to HR. With that being said, your employer may have a problem with keeping both of you employed, along with this third party, if everyone can not work together. The last thing an employer wants, is conflict within the office, based upon things that go on outside of the office, between the employees. If your private medical records were leaked, there could be a possible HIPPA violation and the hospital and staff can be reported. At the same time, if she made these things up and tried to hurt you and get you filed, then you could possible have a civil cause of action and go after her for damages, if these things were not true. Truth is always a defense, so it would need to be known if she told people these things in a reckless manner, without and regard for the truth.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided
Customer: replied 1 year ago.
I understand and appreciate what you are saying. It just seems so ironic that the rumors people were telling me they heard were so exact.

I am pleased with your answer though disappointed I probably have no recourse for the situation. Before I rate you, is it possible I can continue to ask you more questions related to the situation (for more money of course) since you already have some familiarity?
Expert:  LegalKnowledge replied 1 year ago.
Yes, it certainly is odd, which is why it would need to be determined exactly who said what and why, which may be hard to do. As far as asking additional questions, please feel free to do so.
Customer: replied 1 year ago.
Ok, i hit the edit price button and increased it. I hope that is the right way to do it. (My first time on this site.)

Get ready for a long story.......
Expert:  LegalKnowledge replied 1 year ago.
Yes, it appears that the price did increase. I am here to help so just let me know.
Customer: replied 1 year ago.
So my first question was about breach of confidentiality. This next one is to see if I have a possible sexual harassment case against my employer.

As I mentioned, I have heart issues. June of 2012 I had a major open heart operation. After my operation I struggled mightily with issues of severe depression and anxiety. A lot of it was cause by stresses involving work and my leave.

I missed three months of work on employer benefit short-term disability leave. Applying for and getting the leave approved was a very difficult. My manager, the woman in the story above, was very helpful in the process of getting all the necessary paper work completed and finally getting my leave approved so I wouldn't be fired. I was very grateful for all her help and gave her a small bouquet of flowers to express my appreciation.

Again, I was very depressed after my surgery. In late Oct 2012 I was committed to a psych ward for an attempt at suicide. So once again I needed to file for short-term disability with my employer and she was happy to help as before. Though I didn't need to tell her why I was filling for STD leave I did confide in her since she seemed to be such a good friend before.

It was after this that she admitted to me that she found me very attractive. I thanked her for the compliment. Then she started giving me gifts, simple things like food and other various small items. Eventually she admitted to me she "wanted" me. She started asking me to lunch. I initially declined telling her that I knew she was married and I didn't think it was appropriate and that we should just be friends.

She continued to give me small gifts and make flirty advances. She would often tell me her marriage was falling apart and she was planning to file for divorce once she could afford it.

Being as depressed as I was I eventually gave into her advances. It felt good to have some one shower me with attention and be so nice. We started a more intimate relationship. The gifts became bigger. She even started getting me out of my normal work duties for hours at a time just so I could sit at her desk and talk with her. One of the male manager even commented to me that "If I didn't know she was married I would think you two were together. She acts like she is your mom."

Its embarrassing to say, but because of my health conditions and the various medications I am on, my sexual stamina potency isn't what it should be for a man my age. I think this eventually got to her. She suddenly ended the relationship saying I would never accept her children.

The favors stopped... for the most part, every once in awhile she would still advance on me. Like an on-off type thing. Then it stopped all together.

People started treating me different. Other managers, who are very good friends with her started ignoring me, even when I was asking for help with work related stuff. Her best friend even once threatened to punch me in the face if I didn't "get out of her bubble" with her fists raised at me. I simply stopped by her desk to say hi and chat a little.

It got to the point I felt like I needed to beg managers for help if I needed it. My anxiety and depression started to flood back to me. I ended up having a heart attack like episode at work at taken out in an ambulance.

It was later that day that I confronted her via text why I was being treated the way I was at work and that was when it was revealed she was now with another one of her direct subordinates.

The rest of the story you already know.

Looking back, I feel like she took advantage of my fragile state and used me and now I am afraid to go to work because of how I have been treated and now because of the rumors about me

What do you think... Is there a possible case there?


Expert:  LegalKnowledge replied 1 year ago.
Thank you for the additional information. Sexual harassment is a violation of Title VII of the federal Civil Rights Act. There are two main types of sexual harassment:

Quid pro quo: This is a demand for sexual favors, with the actual or implied message that you will be promoted or allowed to keep your job if you agree, or demoted, passed up for promotion, disciplined or fired if you don't. Even if you consent initially, it is not a defense for the harasser because of the implied threat. As defined here, quid pro quo sexual harassment normally arises in the context of an authority relationship. This relationship may be direct, as in the case of a supervisor and subordinate or teacher and student, or it may be indirect when the harasser has the power to influence others who have authority over the victim. This would likely be the basis under which you may be able to proceed.

Hostile work environment: Unwelcome and uninvited comments, gestures, touching or propositions, or sexually oriented objects or written materials in the workplace can cause severe emotional stress and affect the victim's job performance and personal life.

It is possible, based upon her actions, that you could have a claim. In a situation like this, it would be best on Monday, to contact an employment law attorney who deals with sexual harassment claims in the work place and let them look over ALL the facts of your case, in depth, to determine if there is a basis to sue. Often times, in cases like these, you could possible try and reach a settlement with the company and avoid having to go through the courts and extended litigation.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 17293
Experience: 8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
LegalKnowledge and 11 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Thank you so much for your answers. This has been a horrible experience for me and you have given me hope.

I already have made an appointment with an attorney but my anxiety and need for something immediate is what brought me here cause I couldn't wait for my appointment to see if it was a possibility or not.

So very pleased. You given me at least a little something to help me through the weekend.
Expert:  LegalKnowledge replied 1 year ago.
You are welcome and I am glad to help. Do not stress at this point and wait for all the facts to be reviewed before coming to any conclusions. Good luck with everything and thank you again.

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