well im having second thoughts about my lawyer. what are some of the signs you have a good lawyer?
my lawyer had to file charges with the eeoc. (in texas sexual harassment must be filed w/ them) well about 2months ago i received a letter stating they were dismissing the charges. they said their investigation findings showed no wrong doing and stated the reasons. well the reasons were false. in turn my lawyer constructed a rebuttal letter stating what was unture. now im really scared that my employer is going to get away with this. i cant believe they can just lie and then thats it, they drop the charges. well its been 2months and i havent heard anything. is this usually what happens? is this bad for my case? who determines who’s telling the truth? if the eeoc drop the charges… what does that mean? is it over?
thank you
I don’t agree with the answer that the burden of proof is on you. My experience is that in the matters of charges of sexual harassment (EEOC), the burden of proof is on the company to prove that the harassment DIDN’T happen.
I am well aware that this is not the norm in the USA with burden of proof, however it has been that way in matters of sexual harassment (EEOC) — unless things have changed since my experience with it.
Another thing to "just be aware of" is that there are VERY strict rules/requirements for filing deadlines. It sounds like you have filed, etc., OK — so I’m not saying that’s a problem for you — just giving you a "heads up" that there are very strict deadlines with the whole process.
I would make an appointment to see your attorney and find out what is going on — "face-to-face". Make a list of everything you want to know before you go (including the questions you have asked here), and review the list before you leave his/her office — to be sure you asked everything you wanted to. Bring someone with you if that will make you more comfortable.
If there is anything your attorney says that confuses you, or you don’t understand or agree with, ask again … and ask again — until you do understand. (Try to ask your question differently the second or third time if you can.)
If your attorney says that "such and such is in process" (or words or expressions like that) … ask him/her this question: "What is the next step on that?" Then write down the answer.
When you are done talking, ask your attorney this question: "Is there anything else about this I need to know?"
Make sure you wait for an answer!
August 29th, 2009 at 10:45 pm
I am sure the eeoc has a page that explains the process.
what you expereinced and what they are reposonsioble for managing may not be the same thing, no matter how unhappy your experience made you. Plus, the burden of proof that it happened is on you, and you may not be able to provide sufficient prơof even if it did happen.
that is how the justice system works – checks and balances mean the occasional person gets away with it, but you feel extra comfortable that those who are convicted have had a fair chance.
References :
August 29th, 2009 at 11:07 pm
I would contact the EEOC and ask them personally.
I would ask them all the questions that I needed to know.
Then, I would ask if there was printed information which I could have.
I would also find out from the EEOC if I could handle the situation with them myself. If they say yes .. but ask why .. then tell them why.
References :
August 29th, 2009 at 11:34 pm
Appeal. And Get A New Lawyer. See My Sources. When Filing, Site Attorney Incompitence.
Practice Areas
Sexual Harassment Lawyers Protect Civil Rights
The boss that pinches the back side of the assistant . . . the cubicle neighbor who posts photos or jokes of an offensive sexual nature . . . the supervisor who seduces an underling, and then demotes him when he refuses to continue the affair . . . are all examples of sexual harassment on the job. Contact the Houston employment law firm of Shellist Lazarz, LLP for an initial consultation if you are experiencing an uncomfortable situation on the job as a result of sexual harassment.
For over 40 years, sexual harassment at work has been explicitly prohibited as a violation of Title VII of the Civil Rights Act of 1964. Despite nearly two generations of awareness and education on the topic, sexual harassment is still a reality for too many workers. Specifically, the U.S. Equal Employment Opportunity Commission defines sexual harassment as follows:
“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature . . . when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individuals’ work performance or creates an intimidating, hostile or offensive work environment.” (http:www.eeoc.gov/)
Sexual harassment on the job need not be tolerated. If you are a victim of sexual harassment at work in Texas or anywhere in the United States, the Houston employment law firm of Shellist Lazarz, LLP wants to be your advocate. Please contact us for an evaluation of your sexual harassment situation and a discussion of how you can help yourself, and how we might help you. If your job is on the line, we can take steps to protect it. If you wish to motivate your employer to take steps to stop the harassment, we can help you file the appropriate complaints within the time frame allowed by law. And if you believe you have suffered economic loss as a result of the sexual harassment, we can help you document that and prepare to file a lawsuit seeking compensation for your loss.
The sexual harassment lawyers at Shellist Lazarz, LLP have experience resolving this type of complaint for clients throughout Texas and across the nation. Contact us to discuss your sexual harassment matter.
The law firm of Shellist Lazarz in Houston, Texas specializes in employment law. We have a nation-wide practice that represents employers and employees across the United States and throughout Texas including Dallas, Fort Worth, San Antonio, Austin, Galveston, Pasadena, Bellaire, Arcola, Baytown, Port Arthur, College Station, Brownsville, Beaumont, Orange, Vidor and McAllen.
References :
http://www.eeoc.gov/federal/md110/appendixk.html
http://attorneypages.com/533TX/index.htm?src=quigo&utm_source=quigo&utm_medium=state&qcat=Sexual+Harassment:TX
http://www.eeoc.net/PracticeAreas/Sexual-Harassment.asp
August 29th, 2009 at 11:48 pm
"EEOC dropped the charges" means either one of two things:
1. they determined that what the employer did wasn’t actually illegal
2. they decided that they don’t have enough evidence to prosecute the employer successfully (remember that they must convince a jury)
The second situation is more likely. I suggest you ask your lawyer to explain the details of the letter to you.
References :
August 30th, 2009 at 12:26 am
I don’t agree with the answer that the burden of proof is on you. My experience is that in the matters of charges of sexual harassment (EEOC), the burden of proof is on the company to prove that the harassment DIDN’T happen.
I am well aware that this is not the norm in the USA with burden of proof, however it has been that way in matters of sexual harassment (EEOC) — unless things have changed since my experience with it.
Another thing to "just be aware of" is that there are VERY strict rules/requirements for filing deadlines. It sounds like you have filed, etc., OK — so I’m not saying that’s a problem for you — just giving you a "heads up" that there are very strict deadlines with the whole process.
I would make an appointment to see your attorney and find out what is going on — "face-to-face". Make a list of everything you want to know before you go (including the questions you have asked here), and review the list before you leave his/her office — to be sure you asked everything you wanted to. Bring someone with you if that will make you more comfortable.
If there is anything your attorney says that confuses you, or you don’t understand or agree with, ask again … and ask again — until you do understand. (Try to ask your question differently the second or third time if you can.)
If your attorney says that "such and such is in process" (or words or expressions like that) … ask him/her this question: "What is the next step on that?" Then write down the answer.
When you are done talking, ask your attorney this question: "Is there anything else about this I need to know?"
Make sure you wait for an answer!
References :
I am not a lawyer.