What can I do if I had to quit my job because of sexual harassment? 39 Answers as of September 05, 2012

I filed a sexual harassment and the management questioned all the people who had been present when this guy was calling me the C word and when he would say things like "ill buy you stuff if you were my girlfriend" ect. In the end he is still working for the same company. I was still seeing him every day and it didn't change anything as making me feel secure. I just recently quit due to being really stressed out by this and having another coworker behaving the same way. I never went back to management for any other complaints because I was embarrassed and I thought I would lose my job. But it has taken a toll on me and I wonder if I have a case against my employer. There's a lot of other details that i cannot put in here. But the bottom line is, they did not fire him after my complaint, I did not quit immediately, and this was settled a few months ago. Any feedback is very much appreciated. Thank you.

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Law Offices of Mark L. Smith
Law Offices of Mark L. Smith | Mark L. Smith
Complain to the HR department and then hire an employment lawyer.
Answer Applies to: Rhode Island
Replied: 8/27/2012
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
Sexual harassment cases require you to completely exhaust the companies administrative remedies that are available. It doesn't seem like you did this before quitting. With 30+ years of experience I would not take this case for that reason.
Answer Applies to: Iowa
Replied: 8/27/2012
Law Offices of Charles R. Perry
Law Offices of Charles R. Perry | Charles R. Perry
You may have a claim for sexual harassment in the workplace.

You may also have a claim for constructive discharge based on that harassment, though that is much less clear.

You need to speak to a plaintiff's employment lawyer about your rights here.

Many will take a harassment case on a contingency basis, if they feel the claim is strong.

You can also file a claim with the California Department of Labor, also known as the Labor Commissioner.

A labor lawyer can help you file this claim if you feel that you are unable to do so by yourself.

Many lawyers offer a free consultation to help you evaluate whether you have a claim that is worth the time, effort, and money to pursue. In any event, you should not wait to act on this claim.
Answer Applies to: California
Replied: 8/27/2012
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
The employer does not have to fire somebody because of your complaint.

The employer must take reasonable steps to insure the harassment does not continue.

If they did not, you have a claim. See a lawyer who has some experience in this area.
Answer Applies to: North Carolina
Replied: 8/27/2012
Law Office of Melvin Franke | Melvin Franke
You must contact me immediately. You probably have a very special claim which require an experienced attorney to handle.
Answer Applies to: Missouri
Replied: 8/27/2012
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    You may have a claim, but you would need to provide more detail to assess the situation properly. I suggest you call a sexual harassment attorney for a confidential and free consultation. You may certainly call our office.
    Answer Applies to: Massachusetts
    Replied: 8/27/2012
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    I cannot say whether you have a case without hearing more details. It depends on how bad a pervasive the harassment that you complained of was.
    Answer Applies to: South Carolina
    Replied: 8/22/2012
    Olson Law Firm | Edward M Olson
    You may have a valid "wrongful discharge" claim. You need to contact an attorney immediately. The statute of limitations on these claims is very short.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    Consult with a lawyer who hyandles sexual harassment cases for specific legal advice and direction.
    Answer Applies to: Indiana
    Replied: 8/22/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Under the description you provide, this would be very difficult to prove. You state that there were other people present when the offensive language was used and that the employer questioned them. Did they stand up for you, or did they suddenly lose their hearing and memory? You said you never went back to management for any other complaints. If you had something to complain about, but didn't, that's going to hurt your case. Finally, you state "this was settled a few months ago" Settled? Not sure what you mean by that, but it could mean "over and done with".
    Answer Applies to: New York
    Replied: 8/22/2012
    The Law Offices of Ryan Scott Nalley
    The Law Offices of Ryan Scott Nalley | Ryan Scott Nalley
    You should contact a lawyer experienced in sexual harassment matters as soon as possible. You have 180 days to file a claim with the Illinois Human Rights Department, and 300 to file with the Equal Employment Opportunity Commission. While it is not required to have a lawyer to file such charges, your case will al most certainly suffer if you do not.
    Answer Applies to: Illinois
    Replied: 8/22/2012
    Fox & Fox, S.C. | Richard F. Rice
    You could file a complaint against your former employer with the Wisconsin Equal Rights Divison. Contact that agency or an attorney who handles such claims as I and our firm handle on a regular basis.
    Answer Applies to: Wisconsin
    Replied: 8/22/2012
    Steven Miller | Steven Miller
    There is a few thinks you can do: 1. Still file for unemployment by going to the EDD's website. The co. might challange you but you should fight it for the reasons stated. 2. contact the dept of fair employment and housing and register a complaint with them re sexual harassment. This is generally a prerequisite you need to do, prior to filing a lawsuit for this type of wrongdoing. 3. Seek out the services of an attorney experienced in Sexual harassment.
    Answer Applies to: California
    Replied: 8/22/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Quitting is a very bad idea because it does not give the company a chance to make it right. This is required under the law. You might be considered constructively discharged, but this is an uphill battle. Not complaining to management is the toughest hurdle, because the law requires it in almost all circumstances.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    First, I would get written statements from all the people who will support your claim. In their own writing. Stating the name, address and phone. Where they were when they heard it, who else was around and what was said. Then get an experienced attorney.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    WILLIAM L SANDERS, ATTORNEY AT LAW | William L. Sanders
    you should contact an attorney that handles discrimination cases. Sexual harassment is prohibited by law and most companies policies.
    Answer Applies to: Georgia
    Replied: 8/22/2012
    Mike Yeksavich | Mike Yeksavich
    Have you filed an EEOC complaint? If not then check into that possibility.
    Answer Applies to: Oklahoma
    Replied: 8/22/2012
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    There are sometimes grounds for civil litigation regarding sexual harassment. You should call an attorney to discuss the particular details of your situation.
    Answer Applies to: Washington
    Replied: 8/22/2012
    KEYL ADR Services, LLC | Mark D. Keyl
    Contact the EEOC and file a complaint against the company.
    Answer Applies to: Mississippi
    Replied: 8/22/2012
    Ballon Stoll Bader & Nadler, P.C.
    Ballon Stoll Bader & Nadler, P.C. | Marshall B. Belloven
    From the information you have provided it appears that you do have a claim for sexual harassment and a hostile work environment that forced you to quit.
    Answer Applies to: New York
    Replied: 8/22/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Either file a complaint with the Nevada Equal Rights Commission or with the federal EEOC.
    Answer Applies to: Nevada
    Replied: 8/22/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    You're the one that didn't follow through. You stopped making complaints. Company might have thought that the situation was under control. You then quit. No more problem. Why is company to blame for you quitting if you didn't inform them? You should have continued to complain, then if fired, you would have had a wrongful termination lawsuit.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    Since you have said you will not disclose everything to me, I suggest you consult with a lawyer about your options. It seems there is some basis for a claim.
    Answer Applies to: Illinois
    Replied: 8/22/2012
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    Yes, You should first contact the Maine Human Rights Commission and make a complaint with them, after you contact a qualified attorney. Based upon what you have said, you could get compensation for lost wages, legal fees, etc.
    Answer Applies to: Maine
    Replied: 8/22/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You MIGHT have a case, but the details are insufficient to tell. You need an employment lawyer.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    Broderick Law Firm
    Broderick Law Firm | Katrina Telfer Saleen
    You should speak with a sexual harassment attorney about the specific facts of your case. After hearing all the facts of your case, an employment attorney can advise you how to move forward. I am not sure what you mean by stating that the matter was settled a few months ago. If you signed a settlement agreement and release, you may have given up your rights to bring a lawsuit for anything that happened before the date of the settlement. However, if the sexual harassment continued by others at the company after the settlement, you still may have a case against your previous employer.
    Answer Applies to: California
    Replied: 8/22/2012
    Law Office of Gregory Crain | Gregory Crain
    They do not have to fire him, just stop the harassment. You should consult an attorney.
    Answer Applies to: Arkansas
    Replied: 8/22/2012
    Downriver Injury and Auto Law | Michael Heilmann
    Call an employment specialist today. This type of contact is not acceptable in America.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    Hynum Law Office, LLC
    Hynum Law Office, LLC | G. Wayne Hynum
    File a complaint with the Equal Employment Opportunity Commission. You only have 180 days from the date of the discrimination to file the Complaint so don't delay.
    Answer Applies to: Mississippi
    Replied: 8/22/2012
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    I don't practice in that area but it definitely would be worth your while to contact an attorney who handles sexual harassment and discrimination cases, because if you can verify his statements through other current or former employees, you may have a very good case.
    Answer Applies to: Florida
    Replied: 8/22/2012
    Behren Law Firm
    Behren Law Firm | Scott Behren
    You may still be able to bring an EEOC Charge and claim for sexual harassment. Would need more information.
    Answer Applies to: Florida
    Replied: 8/22/2012
    Coane and Associates
    Coane and Associates | Bruce Coane
    You may still be able to file a complaint with the EEOC. We represent individuals pursuing such complaints.
    Answer Applies to: Texas
    Replied: 8/22/2012
    The Phillips Law Firm
    The Phillips Law Firm | Joseph J Ganz
    You really should contact a lawyer that represents employees in this kind of situation. You have rights under federal and state law that make illegal the conduct you describe. Under both federal and state law if you prevail then your previous employer will be responsible to pay all of your attorney fees and costs of making a claim against them.
    Answer Applies to: Washington
    Replied: 8/22/2012
    Richard E. Lewis, P.S.
    Richard E. Lewis, P.S. | Richard Eugene Lewis
    You very well may have a case and you should consult an employer. There are a number of issues that must be evaluated, including whether the owner or highest level of management were aware of the behavior. You should obtain a consult and get some advice from a lawyer experienced in this type of case.
    Answer Applies to: Washington
    Replied: 8/22/2012
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    Contact the eeoc in your state and tell them what occured. They can help you.
    Answer Applies to: New Jersey
    Replied: 8/22/2012
    The Torkzadeh Law Firm
    The Torkzadeh Law Firm | Reza Torkzadeh
    You'll certainly need to speak with an attorney to provide them more details about your situation. Sexual harassment in the workplace is unacceptable. You state on here that "this was settled a few months ago." I think you'll need a consult with an experience attorney who can properly evaluate your case.
    Answer Applies to: California
    Replied: 9/5/2012
    Law Offices of Lee and Baghoomian, P.C.
    Law Offices of Lee and Baghoomian, P.C. | Joseph Lee
    From what I see here, you have a very strong cause of action against your former employer. You should consult an attorney immediately to see exactly what the case is especially if you are not putting all the facts down here.
    Answer Applies to: California
    Replied: 8/22/2012
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