Sexual Harassment at work

I'd be paying homeboy a visit.

 

A more detailed description of your wife's situation would have been helpful to determine possible remedies, if any; the EEOC could be out of the picture if the employer employs less than 15 people (see Title VII, Civil Rights Act of 1964). However, there are state laws providing protection against this sort of improper behavior. so, in summary, discuss the matter with competent counsel before you proceed.

 

This is exactly what the EEOC can provide for:

http://www.eeoc.gov/laws/types/sexual_harassment.cfm

DDEA (Delaware Discrimination Employment Act) allows for remedies when there are four (4) or more employees.

 

go to the resturant and leave them a upper decker in the toilet! lol

 

Let me ask, does anyone think that if this guy got "paid a visit" as some are suggesting the OP do, wouldn't you think that it would either:
A) Get him in more (financial) trouble.
B) Be a very short & meaningless conversation, if it did not get him into trouble.

I missed it the first time.
Confronting this restaurant owner will help, how?

 

Here's a thought, just to play Devil's advocate... did he ask her to eat dinner with him so he could gently fire her? That's a common way of letting people go.

It's my understanding that there's two types of sexual harrassment. First, there's the type that permeates the workplace, such as constant grab-ass. The second is quid-pro-quo... in other words, "You take care of me and I'll take care of you." Or, "If you don't take care of me, I'll can you." Without some more facts, it's probably not a great case. When quizzed, the boss is gonna say, "I asked her out for dinner so I could tell her, she's gotta go. I was trying to be kind." No liability in that.

BTW- Dits is a lawyer. Not an employment law dood though. So this is my disclaimer:

"Although Dits is an attorney licensed to practice law in the State of Florida, each persons case is different and Dits urges you to consult a qualified attorney of your choice in your jurisdiction."

 

Collect unemployment and sit on the couch for 3-4 months on extended "vacation".

 

I have been through this with my wife, so here is our (really her) story.

She worked in the marketing department of a very large company. Had a boss that thought he was some kind of player. We came to find out later that he had done this with a number of women. Started with the smart-ass comments then went to giving her cards (pretty stupid on his part because they became evidence) and escalated to the point where he was trying to book business trips and make her go along. This went on for about 6 months until the business trip part and then she filed a complaint with the HR department.

The HR department told her to stay quiet about it but document everything he was doing that she considered harassment. She collected this stuff for about a month then handed it over to them and they said they would "talk" to him. Well, they talked to him and he stopped for a couple of months and it started all over again. During this 2 month lull she discovered that he had done this to a number of other women and she talked the situation over with them only to find that HR blew them off the same as they had my wife.

So we took all of the evidence to an attorney that specializes in these cases. I'll state right now that I can't stand all of the "I'm going to sue you" crap that goes on in this country but it was my wife that this guy was messing with. If you go in half cocked and punch him out then you go to jail. And we tried with HR but they didn't want to make a scene, so we had no other choice. We sued. We won. We got a pretty big settlement because of all of the evidence against him and they fired his ass. But the main reason we won was because their HR department wouldn't do anything about him despite all of the complaints.

Now comes the real kick in the ass. Not a month after he was fired, he got a job at a consulting firm and the corporation that my wife worked for that fired him hired the consulting company to do work for them and they sent this guy as the representative. She quit that day.

 

That is some true BS. It shows that the company she worked for was OK with inappropriate behavior and in fact held nothing against him as he was back in the building soon after. Sad. :tut:

 

I did that once...almost got me landed in jail while the jerk went free. Don't do it.

 

Office Depot/Max - they sell small digital recorders. If you get one ante up for something you can download onto a computer. Might want to practice to make sure she knows where to put it so it will capture any conversations. My understanding is it has to be harrassment or to the extent the environment is considered "hostile". I don't think asking a co-worker out for dinner or drinks is harassment but if she documents the date, time, number of instances she feels "uncomfortable" (and be reasonable about that) and can provide evidence that her work hours diminish materially you might have a case as he's the boss. Alternatively "mom and pop" typically means not much $ so keep your motivitation genuine. Go talk to a labor lawyer and find out what constitutes sexual harassment. Without saying as much, you don't know what you don't know and once you know you might be able to...well, you know. I know in tight knit industries like finance there's a very good likelihood she would be black balled. But that doesn't sound like it's the case in this instance. I would be exceptionally pissed but going and confronting him and then getting arrested for assault and/or battery probably isn't going to help you one bit on any front. Alternatively, is he married (do the math)? Does he own a home (get his name and the county he lives in and search tax records and you'll have his home address). That sucks. Hope you resolve it to your satisfaction.

 

Definately not the best choice to make in the long run, that's for sure. I'd at least be playing devils advocate like someone else said and push the owners buttons.

 

Wow! I can't believe this stuff still happens! I would have to be restrained to not "visit" her former employer.

 

Has she asked why she has been removed from the schedule? If it is a husband/wife type family-owned place, ask the wife.

 

My immediate testosterone-triggered response was the same as just about everyone elses, tear his damn head off. Right after that the thoughts about the repurcussions of that came roaring in, and jail time would really put a dent in my ability to support my family.

I think RD400Racer has the best response. Organize, record, sue. In all likelyhood he'll still be an asshole if he loses, take the money & move on.

 

Let's face it, the fact that we race means we have some balls. I don't think there is a guy here that would have any issue with punching out a guy that was messing with our wife. I met the guy who was harassing my wife at a company Xmas party (this was before the harassment started). He was a complete wimp married to some shrew of a woman. When she first told me about the incidents I started laughing because of what a little gnome this dude was. But. like someone said above, you punch the guy out and YOU loose. Plus it might possibly make it harder for your wife if it does become a legal case. Best advice I can give is to resist the physical urge and take legal action. Even though the guy in my wifes case got another job right away, he still lost a cushy job that he had been at for over 15 years and I just hope that the shit that his shrew of a wife gave him was way worse than a quick punch to the head.

 

In this order... - DO NOT TAKE A RECORDER WITH YOU. It is not admissable as evidence.

1. Have her contact her manager and ask when she was taken off the schedule and when she can expect to return to work. If there is no date, then ask why she was taken off. Whatever answer you receive, do not be argumentative, and do start a battle. Take what he says, and walk away. Then discuss her being taken off the schedule with the owner. The owners may not be aware that she is off the schedule or the guy may have told them your wife quit. Request a meeting with the owners, it's the next step in chain of command.

2. Write down everything she can remember about the time(s) the manager asked her out. Date, time, every single detail including where he wanted to take her. Also be certain to include exactly how she told him "NO" and if she asked him to stop asking her out. Make one big timeline, up to the final date and include why the manager told her she was not being put back on the schedule. Write down the converation with the owners and their comments.
If you deceide to go further, you will need to have all the facts.

3. Call the owner of the buisness and request a meeting that is convenient for the both of them. Discuss with the owners that she feels she was taken off the schedule because of her refusal to go out with the manager and present the case to them. She needs to ask to be returned to the schedule, if there was in fact no good reason for her to be off (espescially if there is someone working her shift.) If they ask for time to investigate, let them know you would like contact in the next 48 hours. In the end, if she is not returned to her schedule, it's time to discuss with an attorney, IF she decides that it is worth the investment to pursue.


I do this for a living everyday. So heed these warnings. Yes she is your wife, but you have no involvement in this. Do not contact the manager, do not threaten him, leave him alone. It will only end up as a counter claim of intimidation, or worse for you.

If you need any help or any other info.. PM me.

 

She needs a new job, may as well get on with it.

 

Just FYI..

There is no law that prohibits a co-worker from requesting an date. However, once that individual clearly states that he/she is not interested, or is no longer interested if they have had a relationship, it then becomes harassment. Key note here being the person must be told "no". Anything such as "maybe next time", "sorry I'm busy", or even "I can't.. I'm married" aren't exactly refusals.