Legal Question in Sexual Harassment in Arizona
My ex-employer won't leave me alone!
I recently resigned from my position. Since my resignation, I have been receiving numerous calls and letters from ex-employer which is making my life very stressful. One of the reasons I chose to leave is due to continuous sxual harassment from supervisor which I stated in resignation letter. Since then, I have received numerous calls and letters demanding written documentation of sexual harassment (of which I have been keeping a log of). They have even made offers of releasing me out of the "non-compete" in exchange for waiving my rights and claims against the company. The release was extremely one sided (in employer's favor) basically I would waive all my rights, however, they would still have the right to sue me if they wanted to. I did not sign the release. I figured that the original 'non-compete" in my employment agreement was so broad in geographical region and unreasonable (by preventing me from working in the field altogether) that it would not be enforceable anyway. There is also agreement that matters like that would be handled through arbitration. I am so stressed and frustrated at the continued harassment that I am ready to file a harassment suit. Can anyone help? I need an extremely aggressive attorney in my area.
2 Answers from Attorneys
Get Thyself Down to the EEOC!
The first thing you MUST do, is file a complaint with the EEOC in your state. Do this NOW, because there are short time limits. Without filing this charge, you may lose the right to sue later. Then, hire an attorney. Interview several people by phone, make appointments make sure you ask IMMEDIATELY whether there is a conflict of interest or whether the law firm regularly represents employers against individuals. Then, request your employee file in writing by certified mail. This should encourage them to leave you alone. Three steps. Simple. Do it.THEN, you settle yourself down and start rebuilding your life. If your attorney has a track record of getting good results great, but make sure that s/he intercedes for you early on. You'll need to be able to explain things to him/her so start preparing to do that, and document every phone call made to you and by whom. Even if you never file a lawsuit, you deserve peace of mind. And, if they're pursuing you like this, you may have something worth pursuing in terms of negotiating a cease fire.
Don't forget your state commission against discrimination
The other responding attorney, Regina Brice, gave you excellent advice. However, do not forget to file a complaint with your local or state commission against discrimination.But remember filing with the AZ commission or EEOC preserves your right to file a suit.Filing with EEOC preserves your right to file suit in Federal District Court. Filing with yur state commission allows yu to file suit in your state court. I do not know the difference between how discrimination cases are treated in the federal circuit for Arizona and in the AZ state courts. In MAssachusetts, for instance, where I practice, there is a significant difference. So you really do want to consult a local atty to see where you should file (AZ may have a dual filing system) wand whether you want to file . . . and whether you want to take that aggressive step at all. It introduces a dimension into your problem that you may not want to introduce. If your field of endeavor is a narrow one, you might not want it to get around that you brought administrative charges. Such an act may hinder your ability to get re-employed in your field. Private quite settlement may very well be your best alternative. Tell them you'll release them if they release you. However, on the little you've said in your message, it is difficult to imagine what they would sue you for . . . altho there are "imaginative" attys out there.With that local atty, you also want to discuss the pros and cons of going to arbitration. Binding arbitration? or Nonbinding private mediation?You have a lot to think about and a short time to do it. In measuring that time, be sure to consider when the offending acts began. If a court rules that the behavior was NOT continuing, you have to begin counting the six month deadline for filing with EEOC from the first act and not the last. If you do decide to go ahead w suit, remember to discuss including the offender as a respondent at EEOC and at the AZ commission.Good luck.