Legal Question in Sexual Harassment in Maryland
hostile working environment
I recently quit my job. I worked directly for the CEO, who has now been there 17 months. During that time (although he is 47), he has been on a quest to rid the company (and me in particular) of older employees. He has put this kind of thing in writing (I have copies) and also made statements in company meetings. To that end, he repeatedly requested that I print out pornographic email (I refused each time and told him that I found that sort of thing offensive and out of place in a work environment). I reported this problem with two different office managers, but I am pretty sure nothing was said directly to him. They have both now left the company, and stated in their resignation letter that he was the cause. I stuck it out for 17 months, but in that time I had to ask my doctor for medication (Lexapro). It was adversely affecting my work, and toward the end I was having stomach problems and tension headaches. In my resignation letter, I mentioned both the ''older worker'' situation and the pornography issue. Is this worth pursuing? If so, could you recommend an attorney that will not leave me bankrupt? Thanks very much.
4 Answers from Attorneys
Re: hostile working environment
If you were subjected to a hostile work environment that was both subjectively and objectively so severe as to make it impossible for you to remain employed you may have a valid claim for constructive discharge. You need to have the particulars of your situation reviewed by an attorney familiar with employment law as soon as possible. Most attorneys in this field will give you an initial consultattion at little or no cost but is important to act promptly.
Re: hostile working environment
It sounds as if you have potential claims for both sexual and age discrimination. It is worth pursuing in order to stop the behavior from reoccurring, and there certainly is the potential for damages especially since you have some written proof and regrettably suffered physical harm.
You can pursue these claims for free by filing a complaint with either the state or local human rights commission, or the federal authority, which is the EEOC in Baltimore.
Please feel free to call me for a free consultation to review the matter in detail and your options. Should you need a lawyer and choose to hire me, my retainer is reasonable (I tailor it to the case and individual)and the rest of the case would then be handled on a contingency basis (you pay no other legal fees unless there is some type of recovery).
Be advised that these are not easy cases. Although you know what happened and are convinced you were treated unfairly, the law is complex and litigation in these matters is usually lengthy. I generally try to identify an acceptable settlement for the client, such as reasonable severance pay, and then negotiate with the employer, rather than pursue lengthy litigation.
Good luck and I hope to hear from you.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
6932 Mayfair Road
Laurel, MD 20707
301.604.2497
fax: 301.776.3954
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: hostile working environment
Contact me and let's begin by filing an EEOC complaint. Further work on your case may be needed and we can discuss this.
Not only is an apparent sexual harrassment matter at hand but also hostile work environment. Even though the alleged perpetrator is over 40, age discrimination may lie in the pattern of his behavior.
My assistance will not bankrupt you.
G. Joseph Holthaus
(410) 799-9002
(410) 619-5918
Re: hostile working environment
It is important that you review this situation with an attorney quickly (your posting does not state how long ago you terminated the employment and there are some strict time deadlines that apply).
If the facts are proved as you describe them, they would likely make out claims for hostile work environment; age discrimination; sex discrimination and constructive discharge. Damages if awarded would include compensation for emotional suffering, various wage damages, and attorneys fees.
You may also have other claims that are not obvious, but that good legal counsel would discover after meeting with you.
You should be able to locate an employment attorney who will meet with you to conduct an evaluation at no cost or fairly low cost. Once your case has been evaluated, you will probably need to file a complaint with one of the various Human Relations or EEOC entities (depending on your facts). Your attorney can advise you as to where to file.
In cases like the one you have described, I have frequently negotiated settlements before entering into protracted litigation -- though good attorneys are always ready to actually litigate (and we do that quite a bit at my firm as well - in sometimes very high profile cases).
Please feel free to call if you would like to chat about obtaining an evaluation of your case (I do not usually charge for evaluation meetings).
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