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I worked for the company over 7+ years and dealt with

Customer Question
I worked for the...

I worked for the company over 7+ years and dealt with hostile work environment, harassment and sexual harassment.

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

California

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

Fulltime

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

Yes! HR did an investigation on the following events they tell me after the concluded investigation that my boss denied all sexual allegations and I don't have proof or witnesses and no one that they investigated has admit to any sexual comments from my boss. However I told them I have a witness on one of the sexual harrasments and they said since she doesn't work there anymore our company can't contact her

Submitted: 3 months ago.Category: Employment Law
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Answered in 1 minute by:
1/4/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,905
Experience: Significant experience in all areas of employment law.
Verified

Good evening and welcome. I am very sorry to hear about this. Can you please clarify for me what your question is? How can I help you exactly?

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Customer reply replied 3 months ago
Events occurred includes hostile, harassment and sexual harrasment
2012-2013
GSM mocked me about my weight. Examples: you need to stop eatting because youre fat, youre going to blow up, you need to lose weight and being called fat ass._________________
October 12, GSM said "If I spend 2 hours with you alone in the car I wouldn't be able to keep my hands to myself."
_________________
October 2014 3rd week (Verbal Abuse)
GSM said jump off the bride and die.Talked to HR regarding commment that GSM made of, "jump off a bridge and die"10/24/2014 talked to HR in the morning regarding the event. End result Kim made Sam Matar apologize to me.
________________
2015
GSM called me in his office he closed the door and asked me what breast size I am because it looks bigger. Confused I told him its padding.GSMcalled me in his office He wanted me to do a resume. When I finished he told me it was for his brother in Australia. Hes going to need a job if he comes here one day. He said hes single & I should go on a date with him & show him a good time. I told him what he means by that. He said you know what I mean. You two have fun. I told him I'm not that kind of person. He said i'm an adult. During the convo he takes a photo without my consent & sends it to his brother. He shows me a picture and I try to take his phone away but failed to grab it._________________
20169/27/2016 10:30 AMGSM came into my office asking a coworker who was sitting in my office questions. He made a comment in front of coworker "the only thing that is getting bigger is my bloody lips" he starts mocking how big my lips are and humilating me in front of Coworker.2017
4/25/2017I was in the break room getting some coffee. While I was faced towards the cofffee station GSM came very close to me his chest touching my arm.12/2/2017
Around 3-4 pm I'm near the front desk. GSM saw me, he asked me "what is that" and I told him "what is what" He said your boots what kind of boots are those and I just told him there just boots for the rain. Previous years he made comments saying it was "f**k me boots"Went to HR on December 4, 2017. They did a 4 week investigation. Today I had a meeting with HR. My boss denied all sexual allegations. He mentioned because I don't have proof or witness on the sexual harassment they can't do anything. They also said they talked to the women that works in the department and none of them mentioned that my boss every made any sexual comments to them. The witness that I have for the sexual comments since she no longer works there HR is not willing to use her as a witness. I told them that I am not happy with there investigation and I want to seek legal help where the them offered me a severance package ONLY giving me $8,000 he said he calculated it by paying me for one week on every year I worked for the company. That amount is ridiculously low.What are my options from here?Why is this offer so low?Why don't they want to use my witness for the sexual harassment?
Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago

Thank you.

Your options are this point are to attempt to negotiate, or to begin the process of pursuing legal action, which would first entail complaining to the Department of Fair Employment & Housing and then filing a lawsuit in civil court.

The offer could be low for a number of reasons. First, it could just be a starting point and the employer wants to start low. But it could also be because your employer doesn't think they face any significant legal exposure here, given the minimal evidence that you have. They may also believe that you do not have any significant damages. Our courts have repeatedly held that "stray remarks" do not qualify as sexual harassment. The harassment must be so severe or pervasive that it materially alters the employment.

Your damage is emotional distress in most cases, and without some sort of physical manifestations of your emotional distress (i.e. panic attacks requiring hospitalization), therapy, or a formal depression diagnosis, most juries do not award any significant damages for these types of claims.

If your employer believes that they do not face any significant liability, they do not have much motivation to negotiate, since the worst case scenario for them is that you win a small judgment. Again, I'm not saying this is what will happen, but it may explain your employer's mindset.

I hope this helps. If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

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Customer reply replied 3 months ago
Him taking me to his office and closing his door and asking about my breast size... or the time I was in his office and ask me to go on a date with his brother and have sex with him is a "stray remark"
Customer reply replied 3 months ago
or the time he put his chest on my arm resticting me from moving
Customer reply replied 3 months ago
I have proof on the verbal abuse, the time he was mocking me along with the time he put his chest on my arm making me feel uncomfortable I have 2 witness for that.
Customer reply replied 3 months ago
however, they don't want to interview my witness for the sexual harassment because she no longer works with us.
Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago

I'm not saying you don't have a claim. You asked what the reason could be for your employer's low offer and I was trying to answer your question.

Your employer is not required to interview your witness. However, if you pursue legal action you can of course use that witness to support your case.

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Customer reply replied 3 months ago
But based on the events that has happened to me on your experience do you feel as if my case is not strong enough?
Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago

I certainly would not conclude that you have no case. The bigger issue may be one of damages. The big sexual harassment cases I have handled involve very extreme instances of sexual harassment, assault and rape. They also involve extreme emotional distress in the form of panic attacks, suicide attempts, depression diagnoses, and things of that nature. This is not to diminish what you have experienced in any way. Rather it is to point out that today's "plaintiff hostile" juries tend not to award large amounts in money damages unless the facts are truly egregious.

I certainly think you could improve upon your employer's offer. And if you took your case to trial there is a very decent chance you could recover more than they are offering. I'm just trying to provide you with some perspective and to anchor your expectations a bit.

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Employment Lawyer: Damien Bosco, Attorney replied 3 months ago
Damien Bosco
Damien Bosco, Attorney
Category: Employment Law
Satisfied Customers: 4,248
Experience: Helping you with your legal questions.
Verified

Hello: New expert here. Are you still looking for help on your question?

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Employment Lawyer: Damien Bosco, Attorney replied 3 months ago

I read over your question. Have you attempted to contact the EEOC yet, i.e., Equal Employment Opportunity Commission (EEOC)?

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Customer reply replied 3 months ago
Not yet
Employment Lawyer: Damien Bosco, Attorney replied 3 months ago

Since your employer is not rectifying the situation, you can now approach the EEOC and file a complaint. You can first start by calling them or visiting a local office. You would file a complaint and the EEOC will review it and possibly start an investigation.

Would you like the EEOC's phone number and contact information?

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Customer reply replied 3 months ago
please
Employment Lawyer: Damien Bosco, Attorney replied 3 months ago

You should contact the EEOC as soon as possible to take steps to file a claim or to speak with someone. Here is a link to its website:

https://www.eeoc.gov/laws/types/retaliation.cfm

You can also call them:

Ask them about the process:

The charge filing process:1-***-***-****
1-***-***-**** (TTY for Deaf/Hard of Hearing callers only)
1-***-***-**** (ASL Video Phone for Deaf/Hard of Hearing callers only)

Or email

***@******.***

Or find the nearest office:

https://www.eeoc.gov/field/index.cfm

If you have further questions, just let me know.

Also, please remember to rate my answer between 3 and 5 stars at no additional charge to you so I can get credit for assisting you in the matter. Best regards.

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Employment Lawyer: Damien Bosco, Attorney replied 3 months ago

Hello:

I am just checking in to see how things are going. Do you need further assistance?” Is so, just let me know. If you have what you need, please remember to rate my answer between 3 and 5 stars at no additional charge to you so I can receive credit for assisting you on your question. Best regards.

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