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I am involved in a sexual harassment charge against my former employer. I have no idea what I'm doing, need advice.

Birmingham, AL |

I worked at a popular restaurant chain for a year. I was sexually harassed by the proprietor. I was then fired after notifying management. He has been charged and I have a" we collect if you collect" lawyer defending my case. I have him on tape performing the charges, and have other evidence, texts, notes, witnesses. I also have proof he would instruct other employees to turn off cameras, lock the building, etc in order to do these acts. It has been almost two years since the initial charge, and I would really like to get a second opinion on what to expect, if I'm getting the right legal advice, and what kind of settlement I should seek. I am a victim of previous documented sexual assault, and have had substantial emotional and physical damages as result of the harassment.

Attorney Answers 6


  1. Consider making an appointment with a lawyer in your location that handles these types of potential claim or claims as it appears you may just have consulted with an attorney.


  2. You really need to consult an attorney to handle this for you. This is too important to take a chance and do it yourself.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.


  3. Have a sit down with your lawyer to discuss your concerns and get a second opinion if you feel it's necessary.


  4. You have a lawyer, so schedule a sit-down to discuss your concerns.


  5. I suggest that you sit down and have a face-to-face conference with your attorney and discuss the current status of everything. These cases do not follow the usual route of a simple tort claim and often involve participation in an EEOC or State agency investigation. It sounds like you may have strong evidence to prove your case. By the way, your attorney is not defending you, he is prosecuting your claim. Call him or her to have all of your questions and concerns addressed.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.


  6. It sounds like you have some circumstances that might give rise to a viable lawsuit, but to give you any worthwhile suggestions we would need to know some further details. For instance, have you (or your attorney) filed an EEOC charge? Has the EEOC finished its investigation? Have you actually retained an attorney, or did you just talk to someone, or did they just help you file your own EEOC charge without any commitment to continue being your lawyer?

    If you don’t know the answers to these questions, you need to either: 1) talk to the attorney you have been dealing with; or 2) if that’s not working, talk to another lawyer. You’re going to need to talk to someone who is well versed in employment law, and Title VII statutes, and in going to federal court, because that’s where you’re likely to be if you have a viable lawsuit.

    One more thing: With these kinds of claims, time is of the essence. There are lawyers who practice in this area of law (including us) and they likely can give you at least some guidance.

    The Alabama Rules of Professional Responsibility direct that I state that no representation is made herein that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. ALSO: Be advised that our discussion here does not in any way establish an attorney-client relationship.

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