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Jason Lawrence Oliver

Jason Oliver’s Answers

11 total


  • Sexual Harassment for close to 3 yrs. VP asked to massage me, to model my bra/thongs. Too late to put on record with EEOC? 1/11?

    VP asked how many thongs I packed for business trips, told that if I would model thongs & bra that he would purchase gifts for me from Victoria's Secret. (ongoing) Tricked into lunches that later included visits to nude spa with his wife. Of cours...

    Jason’s Answer

    As a California attorney I cannot provide you with legal advice, and provide the following for informational purposes only.

    Quick answer: you may or may not be out of time, but what will it hurt to try to file with the EEOC (and also with your state's equivalent agency, if it has one)? Even if they happen to tell you your claim is time barred, you will walk away with a better understanding of your rights, and will have created a record of the perpetrator's wrongdoing that may protect other potential victims from serious harm.

    You can help others by trying to make a claim, and it likely won't take much of your time. Do the right thing and report this guy!

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  • I slept with a coworker and I decided being a lesbian is not for me.

    I had try to be her friend even stayed longer just for her to realize I was trying. Now she sends me letters tells me she's gonna tell everyone I'm gay. She even told 4 people already. What can I do to stop her? I've tried everything talking, b...

    Jason’s Answer

    If you both are still employed by the same employer, and are in California, and the harassment is occurring in California, you might be able to request the employer intervene. In California, an employer has a duty to take all reasonable steps to prevent sexual harassment in the workplace from occurring. Although your prior consensual relationship was likely not sexual harassment, the co-employee's continuing to pursue the relationship and harassing you to coerce you into continuing it, after you have told her no, very well may be. If so, your employer may have a duty to intervene and stop the harassment. You may want to carefully evaluate the pros and cons of involving your employer however, as it may cause more problems and might not get you the relief for which you are looking. If you are not in California, different laws may apply.

    Feel free to learn more about unlawful harassment at the websites posted below.

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  • What steps do I need to take when filing sexual harassment against my employer?

    I have worked for a doctor for five years. He sexually harasses me verbally, physically and through text messages and sends pic messages of his penis. What are my options?

    Jason’s Answer

    Plain and simple: save the texts and photos. See an experienced employment attorney who handles sexual harassment cases--soon.

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  • Can you file a sexual harassment suit even if have not filed a formal complaint on harasser? It was a verbal discussion.

    I wanted to know if I need to file a formal complaint?

    Jason’s Answer

    If filing a case in state court, depending on the law in your state, maybe. Many state laws require you to file a complaint with an administrative agency before filing a lawsuit, and failing to do so might result in dismissal of your lawsuit. Federal law may be similar to your state law. Consulting with an experienced lawyer in your state is advised.

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  • Unemployment Hearing 1/27/2011 Should issue of sexual harassment be brought up at this time?

    An Unemployment hearing is scheduled for 1/27/2011. The employer has been exceptionally vengeful and skews facts of termination (6/21/2011) The SC Unemployment Commission initially ruled in my favor stating: "The claimant did the best she ...

    Jason’s Answer

    It is not inappropriate. In fact, if you fail to mention such a compelling fact, something that clearly would make the workplace more difficult to work in, and later attempt to make the allegation, the employer may try to claim you made the fact up, since you had an opportunity to raise the issue but did not. However, make sure that if you do raise the issue, you tell the whole story and do not leave out any important details. Consultation with an experienced employment lawyer prior to the hearing is advised. Good luck.

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  • Sexual Harassment based on sex and gender.

    I work for a union hotel, I have submitted a sex. harass. discrimination claim. The interview process is due to begin. I do not want a hotel rep. or union rep. as my witness, i would like a qualified person of my choosing. The hotel says this is n...

    Jason’s Answer

    (Continued) The Epilepsy Foundation-Weingarten doctrine basically allows an employee, Union or non-union to have a representative of his or her choice present at employee interviews may reasonably be believed will give rise to discipline, including, but not limited to interviews in connection with sexual harassment complaints or allegations of unlawful discrimination, suspected violation of workplace policies; investigation of insubordinate conduct, workplace violence, or other inappropriate behavior or conduct policy violations; inquiries into theft; investigations of suspected violations of substance abuse policies; or similar events which may reasonably be expected to lead to the employee's discipline. It appears the employer may commit a violation of these rights when it denies the employee the right to have such a representative present. It is not completely clear whether these rights would apply to an employee who makes a complaint of harassment (sometimes an employer fires the employee for complaining of harassment and thus it can be argued that the right attaches).

    NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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  • Sexual Harassment based on sex and gender.

    I work for a union hotel, I have submitted a sex. harass. discrimination claim. The interview process is due to begin. I do not want a hotel rep. or union rep. as my witness, i would like a qualified person of my choosing. The hotel says this is n...

    Jason’s Answer

    It appears an argument can be made that an employer’s interview of complainant’s sexual harassment claims may entitle the employee to have a representative present at the interview.
    In Gelini v. Tishgart (1999) 77 Cal.App.4th 219, an attorney who was employed in the defendant's law firm sued for wrongful termination in violation of Labor Code section 923, claiming she was discharged because she designated an attorney to represent her for purposes of negotiating “terms and conditions of employment.” Plaintiff's counsel had written a letter to the defendant, advising he was unlawfully discriminating against plaintiff on account of her pregnancy, and suggesting a proposed resolution. Defendant then fired plaintiff. At trial, the jury returned verdict finding defendant fired plaintiff in retaliation for the letter sent by her attorney, and awarded economic damages. The trial court entered judgment for plaintiff and defendant appealed. The Court of Appeal affirmed the judgment, finding that the plaintiff stated a cause of action for civil relief under Labor Code section 923, when she claimed she was discharged by defendant because she designated an attorney to represent her for the purpose of negotiating terms and conditions of employment. According to the Court of Appeal, the declared purpose of section 923 is to guarantee to individual employees full freedom of association, self-organization, and designation of representatives of his or her own choosing for the purpose of collective bargaining or other mutual aid or protection, free from interference or coercion by their employers. Because an individual employee has the right to designate an attorney or other individual to represent him or her in negotiating terms and conditions of his or her employment, independent of all other employees of the same employer, and the employee's discharge for so doing constitutes a violation of the public policy declared in the statute. The court further held that the factors required for a policy to support a wrongful discharge claim were met by the terms of section 923. According to the Court of Appeal, the public policy establishing an individual employee's freedom to designate a representative to negotiate with his or her employer is delineated in the statute. The fact that the statute explicitly frames this freedom as a matter of public policy, involving a balancing of the interests of government, corporate and other forms of business organization, labor organizations, and individual employees, clearly expresses the Legislature's view that public rather than purely private interests are at stake.

    The holding in Montalvo v. Zamora (1970) 7 Cal.App.3d 69 is similar.

    Labor Code section 923 states:

    Declaration of public policy

    In the interpretation and application of this chapter, the public policy of this State is declared as follows:

    Negotiation of terms and conditions of labor should result from voluntary agreement between employer and employees. Governmental authority has permitted and encouraged employers to organize in the corporate and other forms of capital control. In dealing with such employers, the individual unorganized worker is helpless to exercise actual liberty of contract and to protect his freedom of labor, and thereby to obtain acceptable terms and conditions of employment. Therefore it is necessary that the individual workman have full freedom of association, self-organization, and designation of representatives of his own choosing, to negotiate the terms and conditions of his employment, and that he shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.

    The Epilepsy Foundation-Weingarten doctrine also allows for representation in interviews which could reasonably lead to discipline.

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  • How much can I sue a company for sexual harassment?

    if i had evidence of being harassed at work by the company owner, what can i sue for and how much??

    Jason’s Answer

    First of all, in California, when one files a lawsuit they do not normally sue for a specific amount, as the jury or trier of fact will value the case based on the evidence. Assuming you are asking how to value your case, in general it can be said that, just as each case is unique with a different set of facts, so too will the outcome or value of a case be unique.

    Many factors come into play such as:
    1) how "severe" the sexual harassment is (rape/assault is far more serious than an occasional sexual comment);
    2) how pervasive the harassment is (everyday/regular harassment is more pervasive than isolated occurrences);
    3) where the misconduct occurred (also known as "venue" the evaluation of a case often depends on defense counsel's assessment as to whether their clients will be faced with a "favorable" jury pool or judge);
    4) whether the employee has a right to jury trial or has waived that right in a binding arbitration agreement which cannot reasonably be challenged;
    5) the size and wealth of defendant(s);
    6) the level evidence available to support a claim for punitive damages;
    7) the amount of economic injury to the employee (i.e., was the employee fired, demoted for complaining of harassment?).

    There are many other factors involved as well.

    A review of the law of sexual harassment can be found at: http://www.nosexualharassment.com/Sexual-Harassment.htm

    A review of different case of sexual harassment cases and jury valuations of sexual harassment claims can be found at: http://www.sexharassmentattorneys.com/California-Appellate-Opinions-Sexual-Harassment-Employment-Law.htm

    A review of the law of retaliation can be found at: http://www.sexharassmentattorneys.com/What-is-Retaliation.htm

    I hope this helps answer your question.

    Notice: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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  • What are my rights on signing a psychiatric release if I am not filing an emotional distress claim 4 personal injury 2 my face?

    If I am not filing an emotional distress claim, what are my rights for releasing my confidential psych records? In California I am aware that there is a constitutional right of privacy. My personal injury is to my face permanent scar/burn & was ad...

    Jason’s Answer

    I agree with Mr. Marshall's comments above. It appears that this discussion should occur in an attorney client privileged setting. Any advice you obtain in response to your question, whether supporting or undercutting your argument against disclosure, could possibly be admitted in subsequent proceedings. Any legal research should be discussed with another lawyer or your lawyer, but never on the internet during an ongoing case. Under HIPAA you generally have a right to order copies of any medical records pertaining to you; but again, your attorney should be involved in seeking such records, as any communications you have with the healthcare provider may also be discoverable by the other side.

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  • How do I stop my boss' sexual harassment without a lawsuit and without endangering my own financial security?

    I work for a small company (10 employees) and experience emotional & sexual harassment from the owner daily. He's a good guy but it has become unbearble + I am finally at a point where it has to stop. I'm not willing to sue. I would happily wal...

    Jason’s Answer

    If you have already asked him to stop and told him how it makes you feel, then you may need to put in writing. This could, however, make him suspect that you may have legal motives on your mind. But if you cannot continue working in this hostile environment, you may need to do it, even if it means he may eventually become afraid of you and look for ways to end your employment. If you mysteriously begin getting bogus "write ups" after putting your complaint in writing, then you may choose to protest, in writing, the bogus write ups as unlawful retaliation. The links below may offer additional information on the laws which protect workers from harassment and retaliation in California.

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