IsChangePossible.com » sexual lawsuit

What kind of a Lawyer do I need for a discrimination lawsuit? Do I even have a case?

admin — Thu, 14 Jan 2010 08:05:14 +0000

I am hispanic, and was hired by a company and subsequently moved 1000 miles in January to where their corporate headquarters is located. I was the only non-white employee in the group and shortly after I started there were comments made and emails sent regarding my ethnicity. They were said in jest and at the time I tried to play them off as such, as the weeks went on they got more derogatory and offensive. The manager doing this to me was involved in another sexual harrassment issue with another person and demoted. Then word arrived lay offs were coming, and I was let go after only 6 months. I was informed by my friends that the manager was moved into my old place and took over my job. I want to sue for discrimination…who do I need to contact and how do I do it?

Maybe not discrimination … that implies it had to do entirely with racial issues. I would suggest you have a case of wrongful dismissal. You’d have more of a chance with wrongful dismissal because it takes on broader causes than discrimination. In any case, I’d start with the previous answerer’s suggestion of the 1-800 line, then go from there.

Is it too late to appeal a ruling for a 21 million dollar sexual harassment lawsuit in Oregon?

admin — Fri, 08 Jan 2010 04:47:01 +0000

I had an attorney whose name I won’t rip on, and I was suing a school district for not taking appropriate action after numerous cases of it’s employees sexually harassing me and then after the deposition and then a court date the judge threw it out or dismissed it and my attorney who I will call "Lafable & Lafable" said they would only do an appeal if I paid up my fees but they agreed to take my case on a contingency basis in the first place even though they charged me for things like document preparation which I am certain is outside of the contingency basis and is a breech of contract.

Can they do that?

They also charged me for things that were outside of their contingency agreement. I feel like they were more a labor house to nickel and dime people who signed contingency agreements and not attorneys who win cases.

Is it too late to get a different attorney to appeal the case?

The judge made the decision fall or winter of 08′ and it is now summer 09′. Is there a law for how long you can take before appealing a case?

I don’t know how long you have to file an appeal in Oregon, but if it has been this long, you better get moving.

You really need to read the contract you signed with the law office to make sure they weren’t supposed to charge you for simple things like copying papers. That contract is what you have to work with if you take them to court, and they know it. If the contract says they can, then you have no case.

Can a company fire you for not signing a statement that is not true for them to win a lawsuit?

admin — Thu, 24 Dec 2009 08:21:34 +0000

I worked for a company that is now involved in a class action lawsuit. They are being sued because they did not inform you when you are hired that if you take a day off. Sick, etc.. even if they OK it they take 10% out of your commission plus you do not get paid for the day. You only earn 5% commission so it is tough. They are also being sued for sexual harrassment. I have friends who still work there and the boss came in one day and told the Manager to tell them to sign the papers or they would not have a job. When someone asked to clarify " if I don’t sign I am fired the owner said "yes" . I thought this was illegal. My friends signed because they have families and depend on the job. What can they do?

I think the answer is obvious, here. No, they can’t "make" you sign a document under the threat of losing your job. That’s extortion. Second, I don’t know why any of you are surprised by this move considering their history. In effect they’re telling you, I’m going to lie and you’re going to swear to it. I’m pretty certain the labor department, not to mention the courts deciding this class action suit, would take dim view of this practice. It’s obvious too, that the people working at this place who signed the document are unaware of their rights and the penalties for perjury. If there’s ANY way to find out the name of the attorneys/law firm handling the current suit against the company, I would contact them and see what they can do to stop this.
I realize your jobs are very important to all of you, but think how much better it would be if your employer actually followed the law. Good luck to all of you.

what happes if my attorney misses a deadline to file a lawsuit?

admin — Tue, 22 Dec 2009 11:32:03 +0000

so my attorney missed the deadline on a sexual harassment case i had against my former employer. I was told by friends that it’s a "legal malpractice" and that i could go after my attorney, is that true? How do I know how much my lawsuit was worth? Thanks a lot for any info cause i’m lost=)

It is malpractice to miss a deadline. If you had a sexual harassment case, your attorney probably missed the deadline to give notice or to file the lawsuit. It really doesn’t matter which; deadlines like this cannot be waived. No one can tell you what your lawsuit is worth. The lawsuit against the attorney is worth the amount you could have recovered for the sexual harassment. Therefore, if you sue your attorney, the Court would have to determine how much you were likely to receive if you won the sexual harassment case. IF your attorney carried malpractice insurance, his insurance carrier will offer you what it thinks the sexual harassment recovery would have been. While I know you’re probably sick of lawyers, call your state bar office and get a referral to an attorney who specializes in suing other attorneys. There are lots of lawyers who have this type of specialty. If your sexual harassment lawsuit was well-founded, your recovery would be high. If it was a weak sexual harassment case, you’re looking at a lower recovery.

Can I file a lawsuit if I was a victim of Sexual Harassment and workplace violence, even if he was fired?

admin — Fri, 11 Dec 2009 12:19:13 +0000

I was sexually harassed and then kicked by the harasser. He was found to be in violation of whatever and fired last week. My stomach is still in knots and I get panic attacks and have since the kicking incident 3 weeks ago. Most of the people I work with won’t even speak to me now and I am so uncomfortable at work. I used to love my job, but now I feel so sick when I arrive. I have no medical insurance, so I can’t go to the doctor for medicine to help my nerves (although I don’t know if there is any that I could take while working anyway). I am so stressed now and have a rather bad attitude when I am at work. It even carries to frustration at home.
I was humiliated when I was kicked and even more humiliated that I was sexually harassed and bullied.
Even though the manis no longer here, the emotional stress is getting to me.
Can I file a lawsuit for emotional damage and possibly the harassment and physical violence even though the person no longer works here?

It sounds like your company did everything in their power to take care of this man as soon as they were made aware of this issue. Unless there is a history of problems that your employer was made aware of but ignored, it’s unlikely that you will have grounds to sue them. You may be able to sue this man for harrassment / assault as an individual, hopefully you did report this to the police as soon as it happened.

As for the workplace environment, the company can’t allow you to be harassed or abused as a result of what happened. They also can’t force your co-workers to be nice to you and talk to you. You should talk to your Human Resources representative about what happened and the problems you are having since. They may be able to help you relax a bit at work or find a better solution to your problems.

Keep in mind that if you continue to have a bad attitude at work, your employer might be forced to take disciplinary action against you. They aren’t responsible for your empotional problems and will probably fire you as well if you become a disruption to their workplace. Unless you can prove that it was a punitive action (incredibly unlikely) you still won’t have a lawsuit against the company.

should i press a lawsuit against my company for sexual harrasment even tho they fired they pervert that?

admin — Sun, 06 Dec 2009 19:59:59 +0000

Just started this new job at a car dealership, and my BDC manager always asks me disturbing questions, like did i have sex t night, what kind of guys i like, he went as far as to personally ask me wha what kind of panties i have on,that was to my face, to my roommate who works in the pizzeria next door he went and asked hi if he knows if i seep naked or shave my genitals,,now i reported him to the owners and they fired him,,should i continue to put in a lawsuit even tho i only worked here for about three weeks and they already took action against him and fired him?
thank u all for your opinon i appreciate your opinons..i am not going to file a suit..even though i am looking for new employment

So the company took the necessary steps to solve the problem, dismissed the person that did it? What basis for a lawsuit would you have against them? Did the company also harass you? Or are you just looking for a jackpot?

pharmacist stole my cell number, called me, asked personal questions, made sexual comments: file a lawsuit?

admin — Fri, 04 Dec 2009 11:27:29 +0000

I know that this is grossly illegal but what are my legal options, have there been lawsuits regarding this type of thing in the past? Who is liable, the pharmacist, the pharmacy or both? what are the laws regarding this type of information misuse and abuse?
the personal questions were of the nature of where exactly do i live, do i live in town or in the country, do i have roommates? what hours do I work? what does my kid look like, ect. i gave vague answers to some and none to most, the sexual comments well they were gross. The truth is I’m afraid for safety, he will be fired, but then i fear retribution, obviously we already know he’s creepy, lacks self control and possibly moral reasoning, there are restraining orders but those only seem to do anything after a breach of that order has taken place!

sue them both. the pharmacist is going to be liable under federal (and likely state) law and if there is some prior notice, the company is going to be on the hook. the important thing is that this is put to a stop to this knucklehead and nothing will lead to effective change like litigation.

Sexual harassment lawsuit….?

admin — Fri, 27 Nov 2009 06:25:10 +0000

In a sexual harassment lawsuit, who do you sue:
the company or the employee?
Or do you sue them both in the same case?

Who pays out if the plaintiff wins?
Is there a maximum amount of compensation requested?
Is there a time period set for receipt of payment?

Any and all pertinent information would be greatly appreciated.

It completely depends on the circumstances. If the company allowed it to happen you can sue both. If the company took the steps to prevent it they’re not liable.

A woman has falsely accused a co-worker of sexual harrassment. She has brought a lawsuit against him. contd.?

admin — Sun, 22 Nov 2009 20:54:19 +0000

The identity of the woman is yet a mystery to the accused. Does he have a legal right, in the state of Texas, to know who has accused him?
Yes, Midnight. I’m absolutely certain.

From a Texas lawyer. Lawsuits are public, not private. Go down to the courthouse and ask the district clerk’s office for help looking up your name as the defendant. If you’ve been sued you can have the file pulled and read everything in it, including the name and address of your accuser (the plaintiff). It the accuser loses the lawsuit against you, you can then sue her for malicous prosecution.

Sexual harassment claim that is false and how to file a lawsuit?

admin — Mon, 16 Nov 2009 21:16:23 +0000

I HAD A CLAIM OF SEXUAL HARASSMENT TOWARDS ME OUT OF THE BLUE I DO NOT USE FOWL LANGUAGE AT WORK I TALK TO EVERY AT WORK AND GET ALONG WELL WITH EVERYONE SO I THOUGHT I WAS ACCUSED OF LOOKING AN 18YR OLD UP AND DOWN LOOKING AT HER REAR END AND LOOKING AT HER BREAST. THE PROBLEM WITH THIS IS I DID NOT LOOK AT HERIN ANY SEXUAL WAY OR ANY ONE LIKE THIS I HAVE TRAINING WITH SEXUAL HARASSMENT. I AM HAPPILY MARRIED. WHAT CAN I DO TO FILE A LAWSUIT, AGAINST THIS PERSON BY THE WAY IT IS A DIFFERENCE IN COLOR

First, using all caps online is the same as SHOUTING — and please don’t shout.

Second, looking at someone is rarely considered sexual harassment — if it is, it’s included with other, more overt and obvious forms of harassment. It seems to me that you would easily be able to argue your way out of that, being that looking isn’t harassment.

Third, this person would ONLY be able to file a serious claim against you if she can prove more than that you looked at her. It seems to me, based on your description, that the complaint was made to your boss, so deal with it with your boss first and ask to get some kind of hearing or opportunity to explain yourself — which as I said, shouldn’t be too hard.

Lastly, you can’t sue this person for complaining unless a) something bad happens to you as a result of her complaint, and b) you can show that the complaint was uncalled for or otherwise inappropriate. That means, for example, if you lost your job because she said you looked at her, you could sue her because looking isn’t harassment and she made you get fired — then you could sue her for lost wages, etc.

Since it doesn’t seem that that’s the case, you really don’t have any recourse through a lawsuit. My suggestion is that you talk to your boss or supervisor about it FIRST, because it’s very likely that they will blow it off, because looking, again, isn’t harassment. If they press charges, try to fire you or write you up, or something else bad happens, then contact a lawyer and find out what your options are … if they file a charge against you, you’ll need a lawyer anyway, but I don’t think that would happen.