Legal Question in Sexual Harassment in Florida

Can I receive relief if working with a very small company?

I�m an independent contractor private investigator at a small agency solely owned by a woman employer. Previously, we were going to have a business partnership and I thought it would be okay to date under those circumstances. However, the partnership never developed and I became an employee-only, refusing further personal, romantic, or sexual relationship.

However, still grabs, comes up and kisses me, and demands sex as a condition to keeping my job I refuse). Last night, she read personal correspondence on a well-known internet dating site. This was my personal email on my personal computer in my office. Emphasis on Personal. The email account was a personal Yahoo account, not company-owned. The computer is my own, not provided by my employer. I even use my own personal ISP.

She then called my cell phone and fired me, even though I was in the middle of a surveillance.

1) Am I entitled to EEOC (or other) relief in view of the fact that she has threatened to fire me for nearly a year unless I would comply with her sexual/personal demands, and

2) Am I afforded any legal protections in view of the fact that this is a small shop with one owner employing fewer than 15-people?


Asked on 11/15/03, 11:50 am

1 Answer from Attorneys
Jeffrey Sheldon

Re: Can I receive relief if working with a very small company?

The federal and Florida discrimination laws only cover employers with 15 or more employees, but there may be a local law, such as in Tampa or Miami, that provides protection in your case. It depends on the situation and number of employees.

You describe yourself both as an employee and independent contractor. It can only be one or the other, and that makes a difference.

There also may be invasion of privacy issues as well as some other torts (wrongs) if the access to your computer was truly wrongful.

I can't offer more without more info, so please call if you would care to discuss the situation. The consultation is complementary. You can then decide if you need a lawyer and how to proceed.

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.

Read more
Answered on 11/18/03, 3:12 am


Related Questions & Answers

More Sexual Harassment Law questions and answers in Florida