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Should I Sue My Former Employer For Sexual Harassment?
I was already granted unemployment for quitting due to sexual harassment; I had to prove it, though. Should I go the next step and sue my former employer? It was a great job making $23 per hour. I'm not trained to do anything else and I was planning to retire from there. :(
To make myself clear I did follow the chain of command at my former place of employment. Nothing was done about the harassment. I was encouraged to overlook it because it was another woman and she had "anxiety" issues. I kept a diary of everything and also chronicled the events on Facebook were there was a time and date for every entry. I finally quit because I couldn't take it anymore and I filed for unemployment. I had to prove to unemployment that I left for good cause. After submitting my diary and 40 pages of Facebook printouts they agreed that I was the victim of sexual harassment and I was allowed unemployment.
5 Answers
- 8 years agoFavorite Answer
I'm confused... was it a "great job" or was it so unbearable you had to quit? Seems rather contradictory to me...
If you can prove that your employer unlawfully subjected you to severe and/or pervasive sexual harassment, then you should sue. If you can further prove that you complained about the sexual comments, advances, physical touch, visuals, or whatever the actions were and nothing was done in response to your complaints, then you should sue. Employers like that deserve to be punished for not taking this issue seriously.
If, on the other hand, this woman with "anxiety issues" made comments that were sexual in nature because she had some sort of social disorder, you might have a problem proving your employer didn't respond appropriately. This is where tension exists between the ADA and Title VII. Most of this depends on what the *actual* actions were, which you failed to share.
Remember, unemployment courts don't decide if someone was or wasn't a victim of sexual harassment, they only decide if you quit for good cause (which is especially easy if there's no testimony or response from your employer).
Source(s): Me. I've worked in HR for over a decade and have extensive training in the field. - Anonymous5 years ago
If you wish to. Just that it can be not as handy in a formal court docket. Unemployment will take delivery of the company's no contest to the declare for unemployment. That does not mean you absolutely had a Sexual Harassment hearing. Unemployment court would not have jurisdiction for Sexual Harassment. In a court house, your company will get a legal professional to battle the expenses. That implies loopholes, lies and so forth..........
- Afro the MonkeyLv 68 years ago
If you want to. Just that it's not as easy in a formal court. Unemployment will accept the employer's no contest to the claim for unemployment. That doesn't mean you actually had a Sexual Harassment hearing.
Unemployment court doesn't have jurisdiction for Sexual Harassment. In a court house, your employer will get a lawyer to fight the charges. That means loopholes, lies etc..........
- Chantelle,Lv 48 years ago
you don't really have too prove anything, atleast in canada's standards. You might be able too sue them, but not sure. Have you told them the reason why you quit??? did they do anything about it?? If you did telle them and they didn't do anything, you might be able to get a lawsuit
ok so you told them, and showed them why you quit, they should of fired the other person since sexaul harrasment is frowned upon, I remeber working with this guy who was flirty, it was minor flirting I would say, and he was good looking lol so I didn't care- however it made this other girl who was married uncomfortable, and he was fired right away. You should get a hold of worker's comp and tell them your situation.
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- Badge203Lv 78 years ago
If you did not go through the proper channels of reporting it, I doubt it
And why are you asking us? Do you seriously think ANYBODY here is going to go to court with you, Do you think ANYBODY here is going to file motions with the court? Do you think ANYBODY here is going to ask questions of anybody on the witness stand?
You do know what a lawyer is right? I suggest you contact one and you only have a limited amount of time to do anything