Legal Question in Sexual Harassment in Florida

Re: because I'm not on the books does that make it any less sexual harrassment?

There are two major issues here. One is the legal aspect, the other is your life.

As to your life, you cannot allow people to use you, especially not for sex, even if it means your job (which it should not). Your own well-being and self respect are far more valuable than a paycheck. I know it is not easy, but you can get another job if need be. Please do not ever allow this man to take advantage of you again.

On the legal side, you certainly have a classic complaint of sexual harassment. You have been cornered into a sexual relationship in return for keeping your job (or at least that is how you perceive it). The man you work for, though, would probably say it is a consensual sexual relationship (i.e., you agreed to it), and he never said anything about your job. So it may be a difficult case to make.

There is one other potential problem with a legal case. Your employer needs to have more than 15 employees to be covered by the federal harassment laws (Title VII) and by the Florida state law. Most counties have their own laws also which usually require less employees, such as 5 in Pinellas county. So I would need to know which county you are employed in to know whether you can sue. But even if you can't, you still need not put up with this nonsense.

What I recommend is for you to confront this man. Tell him that you are never having sex or any personal relationship with him again, and that you expect to keep your job without any repercussions from refusing his advances. Let him know that his conduct is legally actionable (in other words, you can sue him for harassment). I am sure his wife would not be too happy with him either. Be calm and diplomatic, but be firm. Of course, you must be prepared for the worst. He could fire you, no matter how wrong that would be. In that case, you could decide whether to tell his wife and whether to sue.

If you want to quit, then you of course can sue him (if that is legally possible). You might sue him anyway, but staying in the job and doing so would be very uncomfortable.

In the end, you must decide how to handle this matter. I can only give suggestions based on the few facts I have.

Please call me for a free consultation if you want to discuss the matter and see whether you do have a legal case or not.

Good luck.

Jeff Sheldon

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.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.