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Do I have a valid sexual harassment or workplace harassment claim?

Corona, CA |

I recently learned that someone in an executive managerial position at my former company is responsible for circulating an email to my direct subordinates that contained information about things that I had done in my personal life prior to my employment with this company. This information circulated my office for close to 9 months and was partially responsible for my decision to leave the company since I felt that I was no longer able to perform in a supervisory position since my former boss had informed me that it was circulating the entire floor of my department and was causing problems.

Attorney Answers 5

Posted

You do not specify what was circulated or how the person knew of the information that was circulated. Depending on the circumstances, you should consult with an employment attorney to determine what rights you may have.

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Asker

Posted

It was links pictures and information about me that had nothing to do with work. Nothing incriminating, but the way that it was being presented caused a lot of issues for me, to the point where I was formally addressed by my superior.

Jonathan Aaron Weinman

Jonathan Aaron Weinman

Posted

You should consult with an attorney in private about the specifics of the email and to determine if you have any claims. Most attorneys provide free consultations.

Kevin Rindler Madison

Kevin Rindler Madison

Posted

I agree with Mr. Weinman. You may have a claim for INVASION OF PRIVACY against the person or persons who circulated private personal information about you. Speak to an attorney.

Posted

Your post raises many questions which need to be addressed but which probably should not be done in a public forum. Among the questions which come to mind, what was the content of the email? Was the email in any way work related or have a work related purpose? Was the content about you untrue? Did the email contain information for which you had a reasonable expectation of privacy? How did the email cause you harm? What were the other reasons you decided to leave the company? How did this executive obtain the email or its content?

I suggest you privately consult with an employment law attorney and be prepared to answer these questions and, probably, more the attorney will have.

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 based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.

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Asker

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The content of the email was links to pictures and information about me, they were not work related at all. The content was not untrue, but the way that it was being perpetuated was. The links were not private, and they were nothing that required me being ashamed, however, the fact that they were being perpetuated in the manner they were, was causing rumors and gossip to spread amongst my subordinates, causing problems for me as a supervisor. I'm not sure how she obtained it or how she even knew about it....

Posted

"Do I have a sexual harassment claim?" I agree with my colleagues: It depends, mostly on answers itemized in Attorney Kirschbaum's response. While the heading reads "sexual harassment", the body of the inquiry refers to things done in your "personal life".

It sounds like it hurt, and that it adversely affected your ability to supervise - two very important points in such a claim. I would want to know that you complained to HR or your manager, or pursuant to an internal complaint procedure. A good confidential consultation with a good attorney really sounds warranted.

This information should not be considered legal advice or a legal opinion, and it does not create an attorney-client relationship. The information herein is general and for educational purposes only. A complete consultation, including review of facts and documents and research is required for specific legal advice or a legal opinion. You should consult an attorney for legal advice for your particular circumstances.

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Posted

You would need to discuss the specifics with a lawyer.

Best of luck.

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Posted

Were you sexually harassed? For a workplace sexual harassment claim to be valid, the conduct must be either "severe or pervasive." Call an employment law attorney to discuss the facts applicable to your situation. Many of us offer a free initial phone consultation.

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