Legal Question in Sexual Harassment in Maryland
Harassment /hostile work environment
I had issues with my immed. sup. for months (phonecalls to my home, namecalling, neg. stmts. to emps, touching, hitting, yelling, attempts to pick fights,etc.)
I reported it to my DM and called the HR Dept. (they referred me back to the DM) Told to develop thicker skin, hang in there, work harder on relationship.
Things got worse. My review was an 1 1/2hr.long torture.I got slammed- reviewed after DM talked w/ sup.
No transfer- not fair to others in district. Told to try harder, make it work.
Witnesses? Yes.
I have turned in my notice. I couldn't take it anymore-it was too demoralising. I've had physical, emotional and stress problems . My self-confidance is shot, my career damaged, homelife is strained--it's been Hell.
When my DM asked me why I was leaving, he stated upfront ''I already know all about the stuff b/t you and so-and-so, so besides that, why're you leaving?''
What should I, can I, do?
2 Answers from Attorneys
Re: Harassment /hostile work environment
I'm very sorry to hear you have gone through that. If you have already left, you should file for unemployment and bring a legal claim. AIf you have not left and want to try to save your job, you need to take the matter to a higher authority in the company. However, although I usually do not tell people they need a lawyer right away, it sounds like you do in this case since the company has already ignored your complaints.
If you want to review your options, please call me for a free consultation. In any case, if you file for unemployment, be sure to tell them that you had no choice but to quit because of the harassment and thus were constructively discharged. Otherwise, if you are deemed to have voluntarily quit, you would not be entitled to unemployment.
As for the harassment claim, you must first file a claim with either the EEOC or your county human rights office before you can sue in court. There are time limits (probably 240 days would be safe in your case, but I would need more details to be sure), so don't wait too long.
These cases can go on for a long time, but it sounds like you should seriously consider action.
Even if you stay at work, you can still bring a claim, but it might not be worth it or necessary if the company gets its act together.
Good luck and, again, feel free to call.
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.)
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.
Re: Harassment /hostile work environment
You have issues which indicate that you may be the victim of a "Constructive Discharge." Constructive discharge is a legal term meaning that even though you actually quit your job, if you meet certain standards then the legal system might treat your resignation as if you were actually fired.
The reason your employer is trying to force you to quit is a critical question to answer. The employers' motivation will help dictate what strategy is best for you to follow in resolving your legal situation. There may be several reasons why the employer is creating this atmosphere. A lawyer would be able to help you better understand the employers' motivation and explain your rights.
If your notice has not been accepted, you may want to consider rescinding it, in writing, until you have obtained legal advice and learned your options.
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