The employee was working, without management present at the time, he claims that the other coworker grabbed his behind so he stopped working and walked out. He did not come back to work or notify management of any issue for 4 days. At the end of the 4th day he comes in to work and claims sexual harassment and threatens legal action. He also says he doesn't want his job back. I told him that if it happened and he was uncomfortable with the situation that I was very sorry and that if he had told me I would have addressed it and remedied the situation immediately. When asked why he didn't speak with me or come in sooner his answer was that he was busy. The coworker claims that he did not touch the mans behind to begin with. I paid him back wages and wished him luck.
Employment / Labor Attorney
He cannot sue you or your company for sexual harassment without first filing a charge of discrimination with a state or federal agency. As to his likelihood of prevailing, from your description of the facts it sounds highly unlikely. You may want to discuss this was an employment attorney to look at taking proactive steps. Many of us will provide a free consultation.
This answer is provided by The Law Offices Of Josh Friedman--312-886-0277. This answer is provided for informational purposes only and should not be relied on as legal advice. You should be aware that no attorney-client relationship is established through this answer and none will be established without a personal consultation and the signing of an engagement agreement.
4 lawyers agree
Employment / Labor Attorney
Additional information is needed such as the number of employees your business employs, whether you have a sexual harassment policy, whether the alleged harassor is a supervisor or manager, and more. Federal and Illinois law differ on sexual harassment. Under Illinois law, there is strict liability for sexual harassment committed by a supervisor or manager. Under federal law, there is a strong defense to unreported claims of sexual harassment.
This answer is solely for general informational purposes only, does not constitute legal advice, and shall not be relied upon by any person. Receipt or review of this answer shall not establish any attorney-client relationship.
3 lawyers agree
Sexual Harassment Attorney
More information is needed. The best advice would be to set an appointment with an attorney who specializes in employment law and sexual harassment cases. Then after a thorough review of all of the facts, they can give you an opinion as to what procedural steps, if any, that you should take, and if you have any legal exposure. I would suggest that you begin your search for an attorney on this Avvo website. There is a tab "Find A Lawyer" on the home page of Avvo at www.avvo.com that will help you find a lawyer in this practice area in your locale. Good luck!
If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think this post was a good answer, please click the "Good Answer" button below and/or designate my answer as the "BEST ANSWER". Thanks. This is a general response to a question for basic information and is not legal advice. Legal advice can only be given when all of the facts of your situation are discussed with a lawyer, which we have not done.. If you reside outside the State of Texas please understand that the laws may be different from the laws that I may cite in a my comment. This comment is not to be construed as legal advice to your particular situation because there are many factors that influence legal counseling- this is simply a comment. Response to an email does not create an attorney-client relationship between you and the Law Offices of Kevin R. Madison, P.C., nor any of its attorneys. If you send us an e-mail, or call us, and we do not already represent you, neither your e-mail inquiry nor telephone call will create an attorney-client relationship. E-mails cannot necessarily be treated as privileged or confidential. Only entering into a written legal services contract with the Law Offices of Kevin R. Madison, P.C. will create an attorney-client relationship. There is no substitute for one-on-one legal advice and you are urged to meet with an attorney and discuss your case, personally, with an attorney in the state in which you reside or your case occurred. Thank you. Kevin R. Madison. Kevin Madison, Austin, Texas- representing injured persons in motor vehicle collision, truck and motorcucle accidents and representing victims of sexual harassment, sexual assault, sexual abuse, physical assaults, and representing victims of sexual exploitation committed by doctors, therapists, psychologists, psychiatrists, clergy, counselors, priests, and rabbis.
2 lawyers agree