I would like to file a complaint against ex employer for sexual harassment and retaliation, and possibly more.

Asked 12 months ago - Plantation, FL

I was working for this employer for over a year and he would make offensive comments all the time. Sexual jokes and "compliments". It then escalated to him putting his hands on my shoulder, to him trying to massage my shoulders. After numerous times asking him not to do this, I went to HR, written and verbally complained. I also went to other management to seek advice and help, and got nothing.
The person doing these things was the CFO, he would threaten to fire me because I refused to go to lunch with him for "meetings". He even put his hands on my shoulder and tried to massage me while I was sitting in the HR office and had to tell him again to stop, I don't like that, he just said oh yeah your weird. There was two witnesses there.

Additional information

He also made it very hard to work.. He would give me odd jobs to do that he knew I was not skilled in and set me up for failure, he fired me due to performance, however I was never written up for signed any warning. I was also never given a review. I have numerous emails between me and HR discussing these matters. She is the one who told me I have valid claims to file and to see an attorney.

Attorney answers (4)

  1. Barbara Billiot Stage

    Pro

    Contributor Level 19

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    Answered . You need to talk to an attorney immediately. You have a very short period of time to file a complaint with the department of labor and or to address your action in civil court.

    This communication is not intended to create an attorney/client relationship. It is always recommended you consult... more
  2. James Adrian Cueva

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    Contributor Level 13

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    Answered . You should make an appointment with an attorney for an initial consultation. My office handles these types of matters and I offer a free consultation. There are very short time periods in which to make a claim of sexual harassment. More information is needed in order to evaluate whether you have a case and whether the laws prohibiting discrimination apply to your situation. Please make an appointment to see a lawyer at your earliest opportunity.

    The information on this website is provided as a service to the public. While the information on this site deals... more
  3. Mintrel D'Angelo Martin

    Contributor Level 3

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    Answered . Based on the facts as you describe them, it seems you may have a good case for sexual harassment. Specifically, the fact that you have been threatened with termination based on your refusal to “meet” with your supervisor, may be a classic example of “quid pro quo” harassment; meaning that either you give in to the sexual harassment or you suffer the consequences. Also, the fact that you made both written and verbal complaints to HR, you participated in “protected conduct” which is required to establish a retaliation claim. I suggest that you speak with an employment attorney in Florida as soon as possible. You have a very limited time to file a claim or you will lose your right to do so. Good luck!

  4. Benjamin Harris Yormak

    Pro

    Contributor Level 10

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    Answered . Based on your facts above, there is no question that you need to consult with an employment attorney right away, and one who represents plaintiffs (workers, not management). There are strict deadlines for filing claims- you must file a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission no later than 180 days from the date of discrimination or harassment (unless the harassment is part of an ongoing pattern that hasn't stopped)- this preserves your federal rights. On the state side, you have 365 days to file a Charge of Discrimination with the Florida Commission on Human Relations (FCHR). The conduct you complain of appears to violate Title VII of the Civil Rights Act of 1964, which also contains anti-retaliation provisions (ie. you can't be threatened with termination for reporting this behavior!).

    This is general information only and does not constitute legal advice, nor does this communication in any way... more

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