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Old 12-30-2005, 06:15 AM
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Default Grounds to Sue for Harrasment?

I went through an ordeal with the president of my company in late summer. Many advances were made, I told him the were unwelcomed & unwanted and he left it with...I understan but that doesn't mean I won't ask again". I went to 2 of my immediate supervisiors to report & document the events but also requested that they hold off on going to HR as I was also seeking the advise of an outside attorney to document the case. Although the work environment was uncomfortable and I did have to seek help from my family Dr. and a thrapist to deal with the anxiety he did not really bother me directly again. It was just a very uncomfortable work situation to me. In early Dec. I was contacted at home by my corporate office, they advised that anonymous complaints had been made about inappropriate relationships at our division and my name was on the list of people to call. I spilled all of the details and now a full on investigation is about to begin. Since that call I have had health problems, anxiety attacks, I am unable to preform my job, and terrified to go in to work. I have been back & forth to the Dr. for headahes, anxiety & panic attacks and will begin seeing a therapist again next week. I have been advised that I should take time off under FMLA and my Dr. put me ona leave of absence. Even if they fire this man, I am not sure that I will be able to return to this work place. And certainly will not be able to should he not be fired. I had (have) a bright future with this company and have been told so on many occasions. I feel this has been compromised. My health jas been as well. Do I have any grounds to sue him, and for what cause?
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Old 12-30-2005, 03:07 PM
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At the onset of your post, you mentioned that your firm's president made advances which you declined; you also asked that he not repeat these advances. Good. However, you then mentioned the following:

Quote:
In early Dec. I was contacted at home by my corporate office, they advised that anonymous complaints had been made about inappropriate relationships at our division and my name was on the list of people to call.
Did you and your company's president (or anyone else in your company, for that matter) have any type of serious relationship at any point under any circumstances, or did you consistently decline his advances every time? This will be a MAJOR sticking point in the investigation you describe as well as any legal action that you may choose to take. If no relationships occured between you and another employee of your company, you should be in the clear; otherwise, you risk a very emotionally draining court battle in which opposing counsel may go as far as characterizing your history in other past relationships hardly in the best of light. Morally questionable though it may be, the fact is that this sort of practice is used.

Regardless of whether you choose to pursue legal action, I feel that it would be difficult to bring suit specifically alleging career setbacks (and, possibly, alleging health issues as well). Although you would certainly have a strong case arguing a hostile work environment, it would be VERY difficult to prove definitively how these incidents affected your future at your company (if at all); similarly, it would be hard (though not impossible) to draw a direct link between your recent health episodes and what has happened to you at work.

To be honest, you should consider riding out the investigation and seeing how you feel at your company within the next few months. Firms usually do a good job these days when faced with harassment issues, and can often resolve problems without taking them to court. Legal action may only stand to prolong an already painful experience and bring up testimony that may make you feel VERY uncomfortable; at the end of it all, the most that you'd likely be able to achieve is your president's dismissal (which may occur in the course of the investigation anyhow). Rather, just take a deep breath, and see what happens --- your company may be able to resolve this internally.

Best wishes!

Brad
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Old 01-03-2006, 07:47 AM
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Thank you for your reply Brad. Just to ask additionally and add more information, No...I did not have relations with the president of the company. To the best of my knowledge no one else did either. I was told that there were 5-6 other parties in the investigation making the same alligations on the same individual. Recent events have brought to light though just how "hush-hush" our corpate office isbeing about the investigation and alleged incedents. I have filed for FMLA and had to contact my HR department (locally) and the head of our HR department was unaware of any of the events and unaware that an investigation was to take place. I have left messages with my immediate supervisor and the investigator with Corp. has asked my immediate Supervisor to contact me...she has not. It continues to grow to a more uncofortable level daily. I suppose my biggest concern is what do i do now. Not only has the situation itself caused me unwanted stress, now the act of trying to treat the stress is causing me pressure & anxiety. How can a person or company not be liable in some way for causing this?
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