As a state employee & victim of Sexual Harassment, can the victim have management fire the harassers after court case is won?

Asked 6 months ago - Sacramento, CA

My employer retaliated against me after I filed a Sexual Harassment complaint with the EEO; They also may have deleted video evidence caught by their security cameras which shows the sexual harassment taking place; My employer even worked the my Union to keep me unemployed while my harassers continue to work untouched to this very day.

Additional information

* Worksite Security was given the Date, Time and Place of the sexual harassment but still no tape has been made available to me.
* EEO at worksite said to me in an E-Mail, that the video evidence would not be included in my Sexual Harassment case.
* My Union has told me that I have no rights since I am not working for the company.

Attorney answers (5)

  1. David Herman Hirsch

    Contributor Level 20

    2

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    chosen by asker

    Answered . Regarding your question about the victim being able to have management fire a State employee if you win a sexual harassment case, it's not that simple. First, the employer is the one that makes the decision regarding what discipline to impose against an employee who has engaged in wrongful conduct. Moreover, discipline in the context of public employment is a complicated matter, and even if the decision is made to terminate an employee, there are procedural requirements that need to be followed, and appeal rights that an employee can avail themselves of. In any case, rather than focus on asking if someone can be fired, you need to deal with the other issues in your post, such as the allegation of retaliation, your union issues, and your having apparently lost your job. You need to consult with an employment law attorney who can sort all of it out and advise you how to proceed. Use the Find a Lawyer tab on Avvo. Also, here’s a link to the California Employment Lawyers Association website where you can search for an employment law attorney in your area. CELA attorneys specialize in representing employees and many offer free consultations. Best of luck to you.

    http://www.cela.org/

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

  2. Michael Robert Kirschbaum

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . To answer your question, lawsuits are about money. If you can prove you were sexually harassed, a court of law will permit a jury or judge to award you monetary damages which you can show resulted from being sexually harassed. Both the employer and the harasser can be held liable for these damages. However, the court has no power to order the harasser fired. That is a decision which is solely within the employer's discretion.

    They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion... more
  3. Patricia Kramer

    Pro

    Contributor Level 6

    Answered . You are not precluded pursuing claims against the Employer even if you no longer work where the harassment occurred; however, it is unclear whether you filed your claim with an Equal Employment Officer internal to your company or with the EEOC (Equal Employment Opportunity Commission). If the latter, the EEOC may not continue to pursue the claim if you are no longer employed. EEOC could elect to close the claim and issue a right to sue letter. The likelihood that you will see the video security camera evidence is stronger if you have the ability to do formal discovery through a lawsuit. If your employer has deleted evidence there could be consequences for that conduct. If you wish to pursue your claims for damages outside of the EEO claim, there could be timelines running. There are several issues we cannot address on the facts as listed in your question. You should consult with an attorney to fully describe the circumstances regarding your employment, whether you are still employed or seeking another job, and what options you have on your particular timelines.

  4. Christine C McCall

    Pro

    Contributor Level 20

    Answered . Your union didn't mean that you have "no" rights. The union meant that the union would not argue any rights not based in the collective bargaining agreement, and not after your termination if you do not challenge your termination under the CBA. This is ordinarily a position memorialized by the CBA, and is not a breach of the union's duties.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as... more
  5. Kevin Rindler Madison

    Pro

    Contributor Level 18

    Answered . It sounds like a lot was going on here and there needs to be a discussion in greater detail regarding the particular facts in your case. Without more information it is not possible to give an opinion about this. 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 whether you have a viable claim, and what procedural steps you should take. Many attorneys handle these cases on a contingency percentage fee, taking a percentage of the recovery. In contingency fee arrangements, there are no hourly fees. In some states attorneys do not charge anything for an initial appointment to discuss your case but in others there is a reasonable fee charged to compensate the attorney for their time and advice. 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... more

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