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why do i? | My manager sexually harasses me constantly and i told my general manager yesterday...? |
my GM told our Area Director, (the bigger boss), and asked me if i wanted to file a complaint. i told him that i wanted them to talk to him and if, after that talk, his lewd comments continued, then i would file a sexual harrassment lawsuit (or complaint), against him.
i found out later that my manager is going to be transferred to a different store in a week. (i work in a corporate restaurant.) should i file a complaint? is company policy typically to just transfer someone so that they may do it again to another woman? or should he be fired? i do feel slightly guilty because i don't want him to lose his job, but he says some very vulgar and detailed things to me. he's just gone way over the line.
so, should i file a lawsuit? do i have a case? i have witnesses to some things he's said. thanks for any input. |
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GoddessofCoughSyrup
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Eesh. You've got a difficult situation.
I would not file a lawsuit unless you want this to drag on for years and other women have been harassed as well and complained to no avail.
I would, however, file an official complaint against him so that it's on his track record with the company. That way, should another woman be in this situation, the company can't say they didn't know about it.
If the company penalizes you for the complaint, then you have a case. Otherwise you can't blame the company when they acted on your complaint for not doing something when they weren't aware. In this case, they seem to have reacted to the issue.. but still something official needs to be filed. |
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talktokrish12
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go to coart and get an expensive lawyer |
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Cheshire Cat
 |
Consulting with a lawyer might be worth your while if, for nothing else, to better understand the law.
It might or might not be that your failure to complain directly to your manager - to ask him to stop or change his behavior - may or may not be a gaping hole in a lawsuit. You probably do not know if the upper level management followed procedure and could prove it, hence tanking your hole case and wasting a lot of your money. Assuming they are responsible people, the proper procedure might be (IMO) to do the following (all of which you may not be privy to):
1. Requiring the person to attend a training to make them more sensitive to the issue of harassment.
2. Having them sign a statement assuring the company that the behavior will not continue on the condition of continued employment.
3. If possible and especially if the accused so requests, transfer the accused to another site so that future tensions are avoided and that the accused is reassured that the company is not just setting them up for a firing.
Your best current course of behavior might or might not be to ask your employer what course of action has been taken regarding your prior verbal complaint so that you are better informed of what actually just happened. |
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tiffiek
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Yes, first you have to file an EEOC complaint, you then get a right to sue letter and go from there. |
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shaqownsurass
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take that guy to court and sue him!!!!!!!! We AMERICANS HAVE RIGHTS!!!!!!!!!!!!!! They should not be violated!!!!!!!!!!!!!!!!! |
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monica
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If you don't file it, you will not be able to file a lawsuit. If the company has their own, file through them and if you do not see the results you expect, it's time to go outside the company. File with your local EEO office. You must be able to show that you tried to resolve this issue through all possible means. It's not uncommon for companies to move harrassers around until someone takes action. He may have a history of this type of behavior and that was the reason why he was moved to the restraunt you are at now. |
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offerofopinion
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Yes - file your complaint at work - have documented that you have talked to your management chain - then contacted an Attorney!!!!!!!!!!!!!!!
Unfortunately, it is very common for corporate chains to transfer the problem before it gets documented... You should let others know... |
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cricket
 |
I think you have a case, but be careful. You told your GM that you wanted them to talk to him, and that if his comments continued you would file a suit. Have his comments continued? I think that you have every right to file a suit, but keep in mind that your GM may get upset with you if your boss changed his ways before leaving. Its a tough situation to be in, so I would contact a lawyer and talk to a trusted friend before filing suit. Good luck. |
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LordSpankyDoodle
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You've got a lawsuit. Talk to a lawyer. |
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hopestar
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First, document everything innapropriate that was said and or done - include specific comments with dates, times, and any witnesses. Someone can't just be fired on the word of one person - there have to be other formal complaints and a history of reprimands on file. Perhaps they suspect there have been other incidents but have nothing formal on file or no documentation from other complainants. I think they have done the right thing to resolve your issues based on what information you have given. You cannot dictate how they deal with that persons behaviour toward other people. You can only demand action in your own case, which you have done. They did everything right by asking if you wanted to file a complaint - you declined by saying that you wanted them to talk to him first, which is exactly what they probably did - hence his transfer. You do not have a basis for a lawsuit unless you can demonstrate (and prove with evidence) that you complained prior to this and the company did nothing. You say yourself you just told your general manager yesterday. They obviously acted in a very timely manner. You can request that your complaints stay on file but you have no control over whether they do or not. Be happy the company resolved your issues so quickly and let the managers do their job to prevent it from happening to other women. |
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?
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yes file a lawsuit |
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Curious-1
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No- if he is moving why bother? |
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wouldnt t
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well first of all do you provoke him to supposedly joke with you in this way? well if you don't i would go directly to file a complaint because he will do it to someone else.just because he was transferred doesn't mean its going to stop. its just gm's way of saying stop it before it gets any worse lets just make a change in people and maybe it will go away.it will probably scare him because he knows a complaint was put in about him,but management doesn't want the lawsuit good luck in your decision. |
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