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Two years ago my employer placed someone incognito at my…

Customer Question
Hello, two years ago...

Hello, two years ago my employer placed someone incognito at my work location. I was not aware of the fact that he was there to investigate me. I have been sexually harssed on the job before and they did assist me with it. However I was sexually harassed by the person who they placed at my work location. I was afraid to report it because I thought that Ib would be terminated. The gentleman begun to harass me terribly and it was unbearable. I decided to report and it turned out to be a disaster. They revealed to me that they were doing a conspiracy to defraud me because I didn't report when it occured. there were no witnesses it was meticulously planned. shortly after everything was over I begun receiving text messages from various numbers with disgusting gestures calling me a slut and various other things. I knew it was the person who they placed. I recently received two text messages and he admitted to what they did to me and I know now that it's him who has been harassing me. I am in the process of getting an order of protection aganist him. I have not reported it to HR , this gentleman is a supervisor should I inform HR about this matter once I retrieve the protection order?

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

Of course, I'm in New York

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

Yes it is at will and I'm a part of a union organization. I am also a full time employee

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

Yes, I did attempt to sue and it was dismissed because I had no proof of what he did because it was orchestrated to discredit me

Submitted: 1 month ago.Category: Employment Law
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Customer reply replied 1 month ago
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Employment Lawyer: Phillips Esq., Attorney-at-Law replied 1 month ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 20,560
Experience: B.A.; M.B.A.; J.D.
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Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Employment Lawyer: Phillips Esq., Attorney-at-Law replied 1 month ago

I am sorry to read about your difficulties.

Your Question:

I have not reported it to HR , this gentleman is a supervisor should I inform HR about this matter once I retrieve the protection order?

Response: Yes, you should. However, you should not wait until you obtain a Restraining Order to report this harassment because there is no guarantee that a Restraining Order would be issued. If you are being harassed, you need to properly report it to your HR.

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

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Employment Lawyer: Law Educator, Esq., Attorney replied 1 month ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 121,698
Experience: 20+ Years of Employment Law Experience
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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.

I am a DIFFERENT CONTRIBUTOR, you have opted out your previous contributor.

I must say I disagree about reporting this to HR again. Based on what you stated and based on your employer's involvement in this matter, your next step is to file a complaint with the EEOC (http://www.eeoc.gov) for harassment and retaliation. The EEOC must investigate in order to give you a right to sue letter to allow you to proceed to federal court to sue the employer for the harassment and retaliation.

Under the law, even if you cannot prove the sexual harassment case, if you can show retaliation after your reported to HR, you can still win your retaliation claims.

So, report it to the EEOC immediately and while you are waiting on the EEOC begin to look for a local attorney to file suit when the EEOC issues the right to sue letter.

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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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
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