Legal Question in Employment Law in Georgia
sexual harrassment firing
My 19 yr old daughter was dating a fellow employee. He got violent, punched a hole in her wall, they broke up. He bothered her at work & ultimately he assaulted her after work and police were called. She filed for restraining order, employer ask for meeting after the court appointment and fired her. Other employee is related to a manager, 34 yrs old, has been on suspension at work for assaulting a different employee. She was 1099 (hat check girl) but they didn't provide a safe work environment, ignored her complaints of harrassment (he actually threw a telephone at her while at work), now she'll lose her apartment unless she quits college. Does she have a right to ask for something to tide her over until she finds another job since it's obvious she was a victim?
2 Answers from Attorneys
Re: sexual harrassment firing
She might have a legal claim for sexual harassment and/or retaliation. It is not possible to tell from the facts in this post as to whether or not she has a valid claim. Several factors, including the size of the employer, whether or not they had an anti-harassment policy, whether or not she complained under that policy, whether or not any harassment occurred at work, etc. are important in determining whether or not she has a claim. She should seek legal assistance as soon as possible.
The foregoing is general information only, not specific legal advice. No attorney/client relationship has been created or should be implied.
Re: sexual harrassment firing
I agree with the previous assessment and do take these kinds of cases, sometimes on a contingency basis. I really don't see how a hat check girl can properly be treated as an independent contractor (1099). They will probably be trying to say you are not an employee and are, therefore, not protected from sexual harassment law.
I would add that you also seem to have a personal lawsuit against him for harassment, assault and maybe even battery.
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