Legal Question in Employment Law in Florida
Search
I was consistently sexually harassed by my director in the privacy of his office with the door closed and often locked. There were no witnesses to validate my claim and the EEOC discouraged me to file based on the fact that there were no witnesses. It is my opinion is done in private with no witnesses. My lack of submission resulted in my termination. Do I have any kind of recourse to this.
Additionally this same person also entered my office and seized a personal disk of mine and read the contents of what was on the disk and confronted me with this. When I told him I did not feel I needed to answer his questions due to the fact that the questions were not work related, he told me I was wrong and I had better answer his questions. Did he have a right to go into my office and take my disk?
3 Answers from Attorneys
Re: Search
The situation you described may be illegal regardless of what the EEOC has told you. As a result, please immediately contact an attorney for a professional consultation, which is not something the EEOC typically provides in good form or substance. If you'd like assistance from our office, please contact me at (561) 447-8888.
Re: Search
You clearly have a claim for retaliation (at the very least). EEOC personnel are most often not attorneys and view potential claims differently. Many if not most sexual harassment takes place where there are no witnesses, so, that is not a reason not to pursue your claim. You need to seek a consultation with an employment law attorney immediately because there are time deadlines.
Re: Search
This is very complicated. First and foremost, if you are to do anything, there are deadlines to be wary of, so act fast. If the EEOC gave you a right to sue letter, then you have 90 days to bring suit in federal court. That is an expensive and time-consuming proposition. Quite frankly, it is also an uphill battle given that it is your word against his. You will need good evidence - a very convincing story, or clear evidence that you were treated more harshly than others in the discharge, or contemporaneous notes that you made from each harassment, or testimony from others you complained to when the harassment occurred, etc. Even with some or all of this, the fact that you did not complain at the company weighs heavily against you. The other side will argue that you were not offended and thus there was no harassment. You will argue that you were afraid to complain. That is often the battlefield in these cases.
If there was a harassment policy at the employer but you did not follow it, then it will be tough to win. If there was no policy, that is very favorable to your case. How could you know what to do without a policy?
As for the disk, the employer generally can search the work place but there are still some privacy expectations. It depends on the circumstances. If there are bad things on the disk, they might come into evidence against you as reasons for the discharge.
As you can see, it's complicated.
Your best bet may be too threaten a lawsuit and attempt to settle. That way you make your point, perhaps get some compensation, but avoid protracted litigation. I can promise you litigation would not be a fun experience.
If you want to discuss this further, please call me (evenings and weekends are best) for a free consultation. I may not be able to help, but I can point you in the right direction.
Good luck.
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm*
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
* The author is a government attorney and maintains "The Sheldon Law Firm" for purposes of giving pro bono (free) advice and other limited purposes allowed by law.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
