This is a sexual harassment charge where my manager performed explicit sexual acts.
Since this employer is based out of India with a few locations in the US, I am wondering if they will be more or less interested in agreeing to a mediation process in lieu of a lengthy investigation?
Is there a way to research past companies that have agreed to mediation in the past?
Employment / Labor Attorney
Many employers agree to mediation with the eeoc or private mediation and it is an excellent alternative to protracted, public litigation. Confidentiality is mandated by eeoc procedures and state statute. Sexual harassment cases are often good candidates for mediation because the charge with the eeoc and fact of mediation is not publicly available. Contrast the public nature of the content of a complaint filed in court. We highly recommend that you engage counsel to assist with early negotiations and certainly the mediation itself. Even if the employer balks at eeoc mediation, your counsel may would communicate with a company representative and present the advantages of confidential resolution of a sensitive situation. Effective communication, particularly with a foreign based company, would certainly be a proper focus in your case. Don't hesitate to contact me with any additional questions.
International Law Attorney
This is an international law question. If the company is based in India, you need to check whether the employment contract applies Indian law or allegedly Florida law (provided that you are seconded and work for this foreign company in Florida). If Florida laws applies, then I would suggest to consult with a local attorney. If Indian law applies, then you need to consult with an Indian based attorney. It may be possible that mediation is not an option nor an established practice in India and you may end up litigating this case in court. Best.
This reply is offered for educational purpose only. You should seek the advice of an attorney. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the undisclosed individual asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of New York. Responses are based solely on New York Law unless stated otherwise. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
Sexual Harassment Attorney
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. Most attorneys handle these cases on a contingency percentage fee, taking a percentage of the recovery. There are no hourly fees and most attorneys do not charge anything for an initial appointment to discuss your case. You may want to look at attorneys on this website at Avvo to get some names. Good luck!
If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think this post was a good answer, please click the "Good Answer" button below and/or designate my answer as the "BEST ANSWER". Thanks. This is a general response to a question for basic information and is not legal advice. Legal advice can only be given when all of the facts of your situation are discussed with a lawyer, which we have not done.. If you reside outside the State of Texas please understand that the laws may be different from the laws that I may cite in a my comment. This comment is not to be construed as legal advice to your particular situation because there are many factors that influence legal counseling- this is simply a comment. Response to an email does not create an attorney-client relationship between you and the Law Offices of Kevin R. Madison, P.C., nor any of its attorneys. If you send us an e-mail, or call us, and we do not already represent you, neither your e-mail inquiry nor telephone call will create an attorney-client relationship. E-mails cannot necessarily be treated as privileged or confidential. Only entering into a written legal services contract with the Law Offices of Kevin R. Madison, P.C. will create an attorney-client relationship. There is no substitute for one-on-one legal advice and you are urged to meet with an attorney and discuss your case, personally, with an attorney in the state in which you reside or your case occurred. Thank you. Kevin R. Madison. Visit our website at www.kevinmadison.com and www.texassexualharassmentattorney.com. Kevin Madison, Austin, Texas- representing injured persons in motor vehicle collision, truck and motorcucle accidents and representing victims of sexual harassment, sexual assault, sexual abuse, physical assaults, and representing victims of sexual exploitation committed by doctors, therapists, psychologists, psychiatrists, clergy, counselors, priests, and rabbis. Visit our sexual harassment/sexual exploitation blog at http://texassexualharassmentattorney.com/blog/