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I was sent to a job by labor ready while on the job i was told to suck someones privates can i sue

Dearborn, MI |

was asked to do a job not covered by our orders from labor ready the client became angry and his son said to suck his privates

Attorney Answers 4

Posted

The comment from the client's son will not create the basis for a successful lawsuit against your employer. If this was another employee doing it, that's one thing, or if they repeatedly subject you to this person and he keeps making these inappropriate remarks. You could sue the client's son, but for a successful lawsuit you need damages--as in actual monetary damages, or there is nothing for the court to award/do. Report this statement to HR and your company hierarchy. I can not tell if you are union or not, if you are, and your employer gives you any guff about this, get your rep involved.

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Posted

The only modification to Ms. Golnar's comments I would make are that in some circumstances you may have a claim against the employer for failure to prevent sexual harassment, if they are aware of the son's conduct and to the client's conduct. Generally a single act is insufficient for sexual harassment, but in some circumstances one act is sufficient. You should consult a local employment lawyer if your employer fails to take action against the client, i.e., terminating services, or taking some action to secure the safety of the employees who are sent there to work.
You may contact the local bar association to get a referral to an employment attorney in your area.
All the best!

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Posted

I think you have a great case for harassment (and I'm a defense atty), regardless of whether the perpetrator was another employee, or a non-employee son of the boss. If the managing person or supervisor in charge allowed this kind of thing to occur in the workplace, the employer-company is liable, along with the supervisor-father, and the son, and any supervisory executives in charge. The jury will have a field day with this. You need to immediately hire a plaintiffs' "employment practices" attorney to take your case.

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3 comments

Golnar Sargeant

Golnar Sargeant

Posted

If this was a one time incident, why would the employer be liable? I can see if this was happening more than once and the Asker told his employer and the employer kept subjecting him to this person. Then, the employer can have liability regardless of whether this person is an employee or client. But if this is the first time, how can an employer protect an employee about something they don't know is going to occur?

B. Casey Yim

B. Casey Yim

Posted

I would think that discovery will lead to other similar episodes. That of course usually makes the plaintiffs case 100 times better.

Golnar Sargeant

Golnar Sargeant

Posted

Definitely! :)

Posted

I need more information to answer your question. Did you report it to management? Did they respond properly or not take any action. It is rare to be able to sue over 1 comment. The basis of the suit arises when Management does not respond to ensure that you are not working in a hostile working environment.

Walter H. Bentley III, Esq.
Employment Discrimination Attorney

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