Legal Question in Sexual Harassment in Massachusetts

Is this sexual harrasment

I was involved in an affair with a married co-woker, supervisor.

During that time my work situation was comfortable

with extra ''perks'' Not the reason I was with him.

The affair ended 11 months ago .

Since then I have been constantly harrased.

I have called the police to remove him from my property.

I get harrasing, threatening phone calls and hangups.

My child's life has been threatened if I ''told''

This person put himself in a position to be my direct supervisor at work. I lost my overtime. I am threatened with a layoff or firing. I am constantly belittled and swore at. My job is impossible to perform due to his

interfearance. Should I complain to management, and how, or should i contact a lawyer and go further ?


Asked on 10/25/02, 1:08 pm

4 Answers from Attorneys

Howard Wilgoren Law Offices of Howard I. Wilgoren

Re: Is this sexual harrasment

I am happy to provide you with a consultation on this matter. I believe that you have a viable case. if you are interested please call my office for an appointment.

Howard Wilgoren

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Answered on 10/28/02, 10:14 am
Nance Lyons Law Office of Nance Lyons

Re: Is this sexual harrasment

Yes, even after a consensual affair, you are covered by the law if you are harassed after the affiar is ended. Your employer is required to have a sexual harassment policy(and required to give you a copy). Go to Management according to the policy or go directly to HR to file a complaint. If you feel the process is taking too long or is unfair to you, you may need an attorney. Be careful to watch the timeframe hre. In order to file a cliam fro sexual harassment youonly hae 6 months (300 days after Nov. 1) to file a complaint at the MCAD. Iwould have a lawyer help you in drafting the complaint.

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Answered on 10/26/02, 11:47 am
Thomas Murphy Law Office of Thomas Murphy

Re: Is this sexual harrasment

Yes, this is sexual harassment and retaliation, especially if he is now taking actions against you which could jeapordize your employment. You should both speak with a lawyer and complain to management.

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Answered on 10/25/02, 1:38 pm
J. Whitfield Larrabee J. Whitfield Larrabee

Re: Is this sexual harrasment

What you describe most certainly is unlawful

employment discrimination, harassment and

retaliation.

Because the manner in which you handle this

matter will seriously effect your employment

and your legal rights, you should definitely

secure the assistance of a lawyer experienced

in employment law matters.

You have a potentially valuable legal claim.

The first step in most cases is to complain

directly to the employer. I normally suggest

that this be done in a letter through the

employee's attorney. The second step in

protecting an employee's rights in this type of

case is to file a "charge of discrimination" with

the Massachusetts Commission Against Discrimination

and with the United States Equal Employment Opportunity

Commission. It is best not to delay in filing your

charge of discrimination due to short statutes of

limitation. Most judges and lawyers would agree that

this is best done with the assistance of a lawyer. The

choice of words and the appropriate naming of all

potentially liable parties is important when filing

a charge of discrimination. It is also important that

the charge be signed under the penalties of perjury.

I have assisted many employees with sexual

harassment and retaliation claims in

Massachusetts Courts and before the MCAD

and EEOC. Please contact me if you would

like to receive my newsletter on this subject

or to discuss your case.

Sincerely,

J. Whitfield Larrabee

617-566-3670

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Answered on 10/25/02, 5:13 pm


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