Celebrating 10 years! 2007-2017

Independent investigation

I finally reported claims of sex discrimination and sexual h fettywap06/15/18
If you're going to be filing a suit, it may be helpful to ha thirdtierlaw06/15/18
I really just want to find another job, but I can't seem to fettywap06/15/18
I sent the boss notice of my discrimination/harassment on Fr fettywap06/19/18
Get an employment attorney right away if you don't have one. fiftyplus06/19/18
Yes, they made that pretty clear today. I have another ques fettywap06/19/18
Talk to an employment lawyer first. I don't know a whole lot onehell06/19/18
I think you can but you can also claim it as part of your em ipesq06/19/18
Be mindful of your internet use as well. I'd document and d jd4hire06/19/18
fettywap (Jun 15, 2018 - 8:05 pm)

I finally reported claims of sex discrimination and sexual harassment to my employer. He said he's going to hire an independent investigator to conduct interviews. I've done employment litigation before, but I never had a company who did this. Do I need to hire an attorney to bring with me to the interview? From what I've read, this seems to be for the benefit of the business so they can form defenses before any lawsuit gets filed. This stuff is really awkward for me to talk about, and I really don't want to.

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thirdtierlaw (Jun 15, 2018 - 9:23 pm)

If you're going to be filing a suit, it may be helpful to have an attorney with you.

Smaller companies will do this fairly often to avoid even the hint of bias in the investigation due to everyone working so closely together. It also helps them create distance and be able to say, "see! we take these things very seriously! We had no idea Joe was a pig, this is all on him!"

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fettywap (Jun 15, 2018 - 10:04 pm)

I really just want to find another job, but I can't seem to make that happen.
The whole office is going to know I complained and what I complained about. Although they kindof already do and they didn't take it seriously. I told 3 supervisors to stop and they told me no, they can do what they want.

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fettywap (Jun 19, 2018 - 2:08 pm)

I sent the boss notice of my discrimination/harassment on Friday. Today, my supervisor wrote me up for something that happened 10 days ago, which everyone here does regularly and they don't get written up for it. Doesn't seem like they're trying to avoid a lawsuit at all.

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fiftyplus (Jun 19, 2018 - 2:38 pm)

Get an employment attorney right away if you don't have one. Surreptitiously remove all items from your office that you might need to proceed with your case and/or find a job. For example, your annual reviews or any personal items in your desk. Print out emails that help support your case and take them home. Do not leave anything in your office that you may need because they clearly are planning to write you up a few times and fire you. Recommended read: ebook, "Getting Fired: Prevent or Survive One of Life's Top Stressors" on Smashwords, which will give you step-by-step ideas. I'm not trying to scare you or bum you out, but you are not in a good situation. Plan accordingly.

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fettywap (Jun 19, 2018 - 2:57 pm)

Yes, they made that pretty clear today.
I have another question.
Can I file a worker's comp claim for my counseling if I am going to file the employment lawsuit? I will pay the counselor upfront, but wondered about filing worker's comp on it if I also have the employment lawsuit.

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onehell (Jun 19, 2018 - 3:17 pm)

Talk to an employment lawyer first. I don't know a whole lot about workers comp, but I do know that it can create an election of remedies problem, at least as to common law torts, depending on your state.

In my state for example, workers comp's no-fault system is the exclusive remedy for workplace injuries, even where such injuries are caused by employer negligence. But where the employer's conduct was intentional as opposed to just negligent, as it often is in sexual harassment cases if the harassing employee was a supervisor or owner whose conduct can be imputed to the employer, you can sue in tort or you can file a comp claim, but not both. So filing one waives the right to bring the other.

There are still statutory causes of action under state and federal civil rights acts which aren't waived regardless, but the choice can impact what kinds of actions one can bring depending on your state. So again, I wouldn't file a comp claim without talking to a lawyer in that practice area and jurisdiction first.

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ipesq (Jun 19, 2018 - 3:08 pm)

I think you can but you can also claim it as part of your emotional damages in your employment lawsuit.

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jd4hire (Jun 19, 2018 - 3:36 pm)

Be mindful of your internet use as well. I'd document and diary everything to the fullest extent possible. If others have witnessed any discrimination and are willing to speak to you about it, I'd do that and try and memorialize as best you can.

That sucks and am sorry to hear about this.

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