Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

If I was having issues with a manager daily making comments

about my body and the...
If I was having issues with a manager daily making comments about my body and the clothes I wear and asking me very personal questions about my body and even going as far as pulling my pants out to see my bottom would this be considered grounds for sexual harassment? Also I told the higher up manager about it and he said if it happens again let him know, so it did and I did tell him then I was fired 8 days after I told him for the seconed time. I found out he never reported it to anyone else and he told the manager it came from me. I do have one text of him asking me for a picture and also texts if him begging me not to take a text that was meant for someone else in the wrong way. I also have a girl who quit our work place for the same reason that will stand with me. Do I have a case or no?
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 7 minutes by:
4/12/2013
TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4,430
Experience: Contracts, Wrongful termination and discrimination
Verified
Hi,

Thank you for your question.

This would absolutely be grounds for a sexual harassment charge and you do have a case.

You will need to press your call to the EEOC and tell them that you want to file a gender discrimination charge against your employer and need an appointment with them to finalize the claim.

The EEOC claim is a required step before you can file a lawsuit for sexual harassment

Please let me know if you have further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating does not cause an additional charge and will not prevent us from further discussing your questions.

Best Regards,
ZDN
Ask Your Own Employment Law Question
Customer reply replied 4 years ago
Since I have contacted them and waiting for my response, what is the likeliness of it standing in court? I mean I know I have a case but how strong is this case and with the little but if evidence I do have is it even worth the hassle?
Well, you have to go through the EEOC claim first. The EEOC must issue a "Right to Sue" letter before you can file suit for this kind of incident if you are filing it under the employment discrimination laws.

You can immediately file claims for sexual assault based on the improper touchings, but it would be a better idea to wait to file all the claims together at the same time after the EEOC has issued the right to sue letter.

Victims who win sexual harassment cases in federal court can receive the following reliefs: attorneys fees; reinstatement of promotion; compensatory and punitive damages; pay for lost wages and benefits; injunctive relief (changes in workplace policy and practice to prevent future harassment). In your case, because you haven't actually quite your job as a result of the sexual harassment, you are looking a lower amount of recovery, but its still a good case. It will be quite a hassle though and will definitely disturb your work relationships.

On the other hand, the EEOC claim may resolve everything for you and I definitely encourage you to pursue that claim. Generally, once an EEOC claim has been filed, the sexual harassment will stop and won't happen again.

Ask Your Own Employment Law Question
Customer reply replied 4 years ago
But like I said, I told the higher up manager for the second time that this was still going on on April 3rd and then today April 11th I was fired. The reason they gave me was they decided to go another route. There was no reason behind that and I had done more then expected with my job. I do have proof I did way more. There is actually not another route even for them to take with what my job was. It was a cop out because the manager that was doing this to me and the higher up manager I had told twice about it have been very good friends for 20+ years. When I went one more step up after they fired me I became aware that it never was taken any higher then the boss I told.
Oh wait! I completely missed that you were fired. That dramatically increases your damages.

You should definitely pursue this and get a local attorney.
Ask Your Own Employment Law Question
Customer reply replied 4 years ago
My number one question I think would be if I go back to working but at a different place will that hurt my case or the final pay out and outcome?
It will reduce the amount you would potentially win, because the damages would be your lost wages. So, lets say you are earning more than you did when you were working there, then you would only have a claim for the wages you did not receive while you were unemployed.

That being said, it is a much better plan to go back to work then to sit and hope for a potential judgment in your favor. These cases can take years to resolve and there is certainly no guarantee of winning or of getting the amount of money you think you are entitled to.
Ask Your Own Employment Law Question
Customer reply replied 4 years ago
Yea and both times I spoke up to my manager it became hell to work there. It got so bad I couldn't even do a small part of my job. They yelled at me every hour over something most of the time it was stuff I couldn't even control so it was in no way my fault. I have never witnessed nor heard of anyone being treated as poorly as I have been! I never believed that something like this could ever effect a persons everyday life, work life, family life and at such a deep level. I don't so much feel obligated to money, I would just like my job back without them being there and also without the "being known" for this.
I think you have a good case for reinstatement, which can be ordered by the EEOC.

I know this is a devastating thing that has happened to you and I sincerely XXXXX XXXXX you pursue your rights to make this right.

TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4,430
Experience: Contracts, Wrongful termination and discrimination
Verified
TexLaw and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask TexLaw Your Own Question
TexLaw
TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4,430
4,430 Satisfied Customers
Experience: Contracts, Wrongful termination and discrimination

TexLaw is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,773 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I filed a discrimination compliant against my employer. The
I filed a discrimination compliant against my employer. The case is before Miami EEOC judge; since July. No hearing has been set up. How long does it take to get a hearing in Miami? … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Employment discrimination. Work from home in NJ, office in
Employment discrimination JA: Because laws vary from place to place, can you tell me what state this is in? Customer: Work from home in NJ, office in NYC JA: Is the employment agreement "at will," uni… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
After having filed an EEOC discrimination complaint at
After having filed an EEOC discrimination complaint at Texxxxxxxxx xxxxxxx xxxxxx - one of the retaliations that occurred was a witnessed verbal assault by the supervisor, during a "review" meeting of… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it a requirement in Florida to file a compliant with EEOC
Is it a requirement in Florida to file a compliant with EEOC first, before filing a lawsuit against a former employer for age discrimination?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
A fire department promotional question. I have, the
I have, the department and the cities stance is , they will not address the issue unless someone initiates a grievance procedure. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,972 satisfied customers
I feel I have been discriminated against due to my race for
I feel I have been discriminated against due to my race for a promotion at work. I'm the most tenured and have the best production results. However, every time I'm denied a promotion is based on me no… read more
John
John
Employment Lawyer
Doctoral Degree
3,773 satisfied customers
I interviewed for a job promotion along with other.' I
I interviewed for a job promotion along with other … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
Question on age discrimination person has been with company
Question on age discrimination person has been with company 26 years in same position age of person 72 Engineering Dept. Last two job performance reviews negative . The last job performance review was… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,094 satisfied customers
Is is considered discrimination to state a person is hard to
Is is considered discrimination to state a person is hard to understand due to accent? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am preparing a rebuttal to a position statement in an Eeoc
I am preparing a rebuttal to a position statement in an Eeoc charge of discrimination and retaliation. I have so much detail facts documents. Is it better to use a “shot gun approach” or more focused … read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,901 satisfied customers
I was promoted to a supervisor's position at my place of
I was promoted to a supervisor's position at my place of employment. I worked the position for 10 months and 4 days before my manager had me disqualified. She stated in a letter that she had trained m… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,480 satisfied customers
EEOC complaint against an officer of the US Public Health
EEOC complaint against an officer of the US Public Health Service. I am not a federal employee, a civilian. Incident was less than 45 days. WDW … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 satisfied customers
I have a question about the PA EEOC. Is that something you
I have a question about the PA EEOC. Is that something you can help with? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
What is the difference between discriminate and harassment,
What is the difference between discriminate and harassment … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,480 satisfied customers
I am considering filing an EEOC claim of discrimination and
I am considering filing an EEOC claim of discrimination and retaliation. My employer was going to terminate me, but said I could resign instead. I had about 30 seconds to decide. I wrote a resignation… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
If a manager is against promoting within - is this not a
If a manager is against promoting within - is this not a form of discrimination or bias based on the applicants current work location … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
11,887 satisfied customers
I was working at Kmart as a cashier and got promoted as an
I was working at Kmart as a cashier and got promoted as an office associate and worked as an office associate for three months and then I take a medical leave of absence and return back on the 12th of… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I went to the EEOC for age discrimination. They in turn made
I went to the EEOC for age discrimination. They in turn made me sign an AOF retracting it for 90 days severance. I felt I was forced to resign … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x