For the past two years, I have worked for a restaurant group that has allowed me to be subjected to verbal and physical abuse from supervisors and staff. Daily unwarranted touching from kitchen employees has become something to be expected. I would say that my biggest complaint is the fact that the owners have been made aware of what's going on and have done nothing to provide a safe work environment for myself or my fellow co-workers. What would be the most effective remedy to legally address these issues?
Intentional or negligent infliction of emotional distress and pain and suffering are typically (although not exclusively) components of personal injuries cases involving actual injuries. Since it doesn't seem like you have a personal injury, you aren't likely to be successful on those claims. The one exception I can think of based on these facts is the touching; however, this would be dependent on whether the touching can be considered assault or sexual assault.
It sounds like there could be two other legal issues here - harassment and/or constructive discharge. If you are being harassed, you could get a Peace Order against your harassers. If your employers are creating an environment in which you are incapable of working to the point that you are forced to quit, that may be considered constructive discharge. Both of these situations are fact-intensive so the likelihood of success on these claims would strongly depend on the specifics of your case. I would recommend that you contact an attorney and consult in person to evaluate your case.
The information provided herein is general information only and not legal advice. The information provided herein does not create an attorney client relationship and is not a substitute for having a consultation with an attorney. It is important to have a consultation with an attorney as the information provided in this forum is limited and cannot possibly cover all potential issues in a given situation
you should speak with an experienced employment lawyer who handles plaintiffs claims of harassment. I'm sure you will be able to find someone on Avvo in your area who handle such claims.
It sounds like you have done everything you can short of filing a sexual harassment suit. I think the next step is to consult an attorney and have these issues addressed legally. You do not have to be physically assaulted to be consider abused. In Maryland there is a cause of action called Intentional Infliction of Emotional Distress.
We cant steer you on who to call. It sounds like you have a hostile work environment so you need to talk to an employment lawyer. Use the feature above to find one.
Contact an employment attorney tight away. Sexual harassment and the creation of a hostile work environment are the most obvious issues. But, there may be others as well. An attorney can evaluate your facts in detail.
Sounds like a harassment case that includes sexual harassment. Depending on the size of the employer you my have a number of claims that can be asserted that are either govern by federal or state law claims. You should consult with an employment lawyer as soon as possible to preserve your right to file a claim in a timely manner.
The answers and responses to questions offered are for general purposes and information only. Nothing in these responses or answers create an attorney-client relationship.
Sexual harassment in the workplace is a violation of Title VII of the Civil Rights Act of 1964. You can and should file an EEOC complaint. Go to the EEOC website where you can download a complaint (http://www.eeoc.gov/laws/types/sexual_harassment.cfm). If they sustain your claim or give you a right to sue letter you can file suit under title VII. You can get attorney's fees if you win. As other attorney's have suggested, you also have potential state claims as well.
You have come to the right site to find a local employment lawyer. Avvo has a great lawyer finder tool to locate an attorney close to your home. Good luck.
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