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I filed a harassment complaint In January of 2016 and not…

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I filed a sexual...

I filed a sexual harassment complaint In January of 2016 and not only kept on shift with the supervisor but moved as well due to my administration saying that I was a problem and I needed to be moved to the Transitional due to getting in an argument with a co worker by the name of Pamela Herndon who was said to be a good friend of Sergeant James Crumpton. I got moved to Valdosta Transitional Center for about 9 nine months.September 2016 I received a call from the Assistant superintendent telling me that I have the option to stay at the transitional center or I can come back to Patten Probation detention center with stipulations that I will not work with Sergeant Crumpton and that he had been reprimanded, I Chose to stay due to living in the town where Robert Patten Detention Center is located. Since returning back to Patten I have not felt welcomed since the sexual harassment incident, I feel that everyone is coming at me, and brings up the sexual harassment claim in the midst of different situations with the first incident being me getting moved from the shift I was ondue to my administration putting my Cousin who is a female Sergeant by the name of Niobie Rose on. Sergeant Rose stated to me that the Assistant superintendent stated to her that he had no problem with the fact that we were cousins and that he didn't see a problem with it. Suddenly an incident occurred where my cousin was caught on the intercom in the control speaking about a co worker that was on our shift, they decided to move me, stating that the only reason I was being moved because she was comfortable saying what she said around me because we are cousins, when the entire situation was untrue, I was not the one she was speaking with, I wasn't in the booth she was speaking with the officer she had told me and another officer she asked to be moved over with her from the shift they moved me on. I spoke with the lieutenant in briefing and he explained to me that he didn't understand why they were moving me and not her. Upon moving me I explained to lieutenant Akins that I do not get along with the Pamela Herndon and that was apart of the sexual harassment case due to being good friends with sergeant crumpton and we had an altercation before I left Patten, his response to me was it was threatening me stating that its a strong possibility that I would work with crumpton again and that it was just a complaint and that because the facility is so little that I would work with him again someday. They ended up moving me anyway on Sergeant Bruce Ziegler shift A Key on July 12th 2017 and stating to me that we should be alright.Sgt .Ziegler left in On October 2017, which made pamela Herndon the shift's officer in charge until got a sergeant. My friend Jasmin Mcburrough from Basic correctional training who now works at Patten told me that Sergeant crumpton had stated to her and another officer by the name of Tymeshia Caffey that the lieutenant stated to him that I lied and the only reason I said that was because I was mad. I immediately told the superintendent Calvin Orr and he told me to write a statement and that he would turn it in to the warden. I spoke with the Warden and he explained to me that I would not have to worry about being bothered by anyone else in the building. On November 8th I put leave in to be off for the 22, and 23rd, I did not only get my leave denied but given to me as late as Nov 17th. and was told by Pamela Herndon the back up supervisor that he wanted me to call him if I had any questions. I immediately called him and he stated to me that due to our shift being shorting due to him immediately taking a worker from our shift to be on day and working from 9 to 9 I couldn't be off because they needed the extra man., he then told me that I would have to take it up with someone else using the chain of command, I responded to him that I feel that he is retaliating against me due to what was said, and being reporting to the warden, he then responded w

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Georgia

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No,Thanks

Submitted: 7 months ago.Category: Employment Law
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Customer reply replied 7 months ago
I would like to know, do I have a valid case, and what should I do?
Answered in 12 hours by:
12/5/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,863
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

If you filed a harassment complaint, the employer cannot retaliate against you for filing that complaint. IF they moved you and did not take action on a valid sexual harassment complaint, you have a complaint for retaliation. Also, if you came back under the condition you would not have to work for the party who sexually harassed you, but they moved you back there when you were not the problem in the second issue, then that too can be deemed retaliation. So, your recourse is to file a complaint with the facts and evidence first to the EEOC (http://www.eeoc.gov) or GA Commission on Equal Opportunity (http://www.gceo.state.ga.us) and they will investigate and if they cannot resolve the issue, they will issue you a right to sue letter to sue the employer in court.

Based on what you have stated, if your evidence shows this was retaliatory for making the sexual harassment complaint, you would have a valid claim to make.

You would need to get yourself a local employment law attorney once you file your complaint, because once they issue you a right to sue letter you have 90 days to file suit against the employer.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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