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Sexual Harassment Questions & Answers
1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for California on
Q: What if employer doesn’t pay settlement agreement

If they don’t pay would it be easy to collect payment?

James L. Arrasmith
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answered on Mar 8, 2024

If your employer fails to pay the settlement agreement as specified, under California law, you have legal recourse to enforce the agreement. The first step would be to notify your attorney about the non-payment. Your attorney can then take action by possibly filing a motion to enforce the... View More

1 Answer | Asked in Civil Rights, Personal Injury, Sexual Harassment and Civil Litigation for South Carolina on
Q: What is the code/statute or provision that sexual assault is filed under for civil lawsuits?

The sexual assault happened on a college campus but I don’t want to only file a title because my college covers them up.

James L. Arrasmith
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answered on Mar 8, 2024

In South Carolina, civil lawsuits related to sexual assault can be filed under various legal theories, depending on the specific circumstances of the case. Some common legal grounds for such lawsuits include:

1. Assault and Battery: South Carolina Code Ann. § 15-3-550 provides a three-year...
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1 Answer | Asked in Employment Law and Sexual Harassment for Pennsylvania on
Q: Will a reason for firing show on a child abuse clearance

I live in pa and was fired for sexual harassment. I was never charged with a crime but I need to get child abuse clearances will my firing show ony check

James L. Arrasmith
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answered on Mar 6, 2024

In Pennsylvania, child abuse clearances are designed to reveal any history of child abuse allegations or convictions. These clearances focus specifically on your interactions with children and whether you have a history that could potentially put children at risk. They typically do not include... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Sexual Harassment on
Q: My friend is in prison and is being harassed by other inmates in her room down grading her and harassing her
James L. Arrasmith
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answered on Feb 28, 2024

It's concerning to hear that your friend is experiencing harassment from other inmates while in prison. It's important to encourage your friend to report the harassment to prison authorities immediately. They have a duty to ensure the safety and well-being of all inmates and should take... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for California on
Q: What rights do intermittent employees have when filing a discrimination complaint in the workplace to HR?

I was a CSU union employee for 7yrs and I wasn't informed until January 3, 2024 that my contract was terminated on June 30, 2023. I worked in the production department as a stage technician for the campus performing arts center. I was employed under a temp status and my contract was renewed... View More

James L. Arrasmith
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answered on Feb 28, 2024

Under California law, all employees, regardless of their employment status—whether permanent, temporary, or intermittent—have the right to file a complaint about discrimination in the workplace. This right extends to filing a retaliation claim if you believe you were terminated as a consequence... View More

Q: Hello,I wanted to ask if a new bill can reinforce already existing laws.

If one law says that X or Y should (or should not) be done, can a new and different law say the same thing?

James L. Arrasmith
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answered on Feb 25, 2024

Yes, a new bill can indeed reinforce already existing laws. Legislatures often pass new legislation that strengthens, clarifies, or expands upon the provisions of existing laws. This can be done for a variety of reasons, such as addressing loopholes, adapting to new circumstances, or emphasizing... View More

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1 Answer | Asked in Sexual Harassment and Criminal Law for California on
Q: Is it considered “Sexual Battery (243.4 PC)” for an individual to “Touch a Woman’s Stomach” solely?

If an individual were for any reason including in a fraudulent matter to claim that “Touching the Stomach region” solely was to provide some type of benefit, and acted on that false claim by Touching that other person’s Stomach solely would they be charged with “Sexual Battery (243.4 PC)”?

James L. Arrasmith
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answered on Feb 24, 2024

Under California law, sexual battery as defined by Penal Code 243.4 PC involves touching the intimate part of another person without their consent and with the specific intent of sexual arousal, sexual gratification, or sexual abuse. The definition of an "intimate part" includes the... View More

1 Answer | Asked in Employment Law and Sexual Harassment for Pennsylvania on
Q: If someone got someone fired for false statements about sexual harassment what can they do??

They also texted victim multiple times saying hey do you work today and I think your cute. But they didn’t respond back and then he was making sure she was okay and gave her a church hug. Then she texted him the same day asking if he worked tomorrow. Then she said that he sexually harassed her

James L. Arrasmith
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answered on Feb 23, 2024

If someone falsely accuses you of sexual harassment and as a result, you lose your job, it's a serious matter that can have significant consequences. False accusations can damage your reputation, career prospects, and emotional well-being. In such a situation, it's crucial to gather any... View More

1 Answer | Asked in Civil Rights, Domestic Violence, Libel & Slander and Sexual Harassment for California on
Q: Hi my ex boyfriend has been stalking me for about six months and I need help on how to get a restraining order

He keeps calling and texting but I have no record of it because I would ignore the calls and delete them. I am scared of him because when I tried to kick him out of my apartment he had tried to hit me six months ago and when I file for a restraining order they said they can't do anything since... View More

James L. Arrasmith
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answered on Jan 28, 2024

Under California law, you have the right to seek a restraining order against someone who is stalking or harassing you, including an ex-boyfriend. Since you have experienced physical threats and property damage, this significantly supports your case for a restraining order.

Begin by...
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1 Answer | Asked in Criminal Law, Federal Crimes, Family Law and Sexual Harassment for Florida on
Q: I was drugged and raped.. I have minimal drtail regarding the act but I have clearemory of prior.. but there are

Cameras all over thr property.. I need to speak to a lawyer who can help me through this the right way. And if anything give me legal advice in this situation. I have a story to tell and there are so many other women this bas and is happening to by this man. I'm scared and do not know where... View More

James L. Arrasmith
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answered on Jan 26, 2024

I am so sorry this traumatic event happened to you. Seeking justice can be daunting, but you have options and are showing great courage. Here is my advice:

1. Call the National Sexual Assault Hotline 800-656-4673. Talk to a counselor before proceeding so you get emotional support and...
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Q: Is it normal for a multi million $ company to ask to pay me in 2 payments 12 months apart & ask we drop lawsuit asap?

I was wrongfully terminated from my employment and offered a lot of money which I turned down. I hired an attorney and we filed a lawsuit. The company requested we go to mediation so we did. After a lot of going back-and-forth all day with a mediator, we finally decided on a number however, they... View More

David H. Relkin
David H. Relkin
answered on Jan 26, 2024

If you have stated the facts correctly, I would have a problem with the payout. According to your statement of the case, you have to "drop" the lawsuit after the first payment but "they are not ok with you going through the courts to enforce the payment" --[presumably] the... View More

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Q: Is it normal for a multi million $ company to ask to pay me in 2 payments 12 months apart & ask we drop lawsuit asap?

I was wrongfully terminated from my employment and offered a lot of money which I turned down. I hired an attorney and we filed a lawsuit. The company requested we go to mediation so we did. After a lot of going back-and-forth all day with a mediator, we finally decided on a number however, they... View More

James L. Arrasmith
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answered on Jan 26, 2024

In California, it's not unusual for settlements in employment litigation to involve structured payments, such as the company proposing to pay you in two installments 12 months apart. This arrangement can be for various reasons, including financial planning or tax considerations for the... View More

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Q: Is it normal for a multi million $ company to ask to pay me in 2 payments 12 months apart & ask we drop lawsuit asap?

I was wrongfully terminated from my employment and offered a lot of money which I turned down. I hired an attorney and we filed a lawsuit. The company requested we go to mediation so we did. After a lot of going back-and-forth all day with a mediator, we finally decided on a number however, they... View More

Neil Pedersen
Neil Pedersen
answered on Jan 26, 2024

Whether something in your settlement is normal is a difficult question because very few things could be comfortably characterized as normal. There are dozens of ways that most settlement agreements can be structured. Does it happen that parties agree to allowed payments over time? Yes, of... View More

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1 Answer | Asked in Criminal Law, Federal Crimes, Internet Law and Sexual Harassment for New York on
Q: Could a person be charged if they DM someone an onlyfans link on instagram/facebook without knowing if they are a minor?

Onlyfans makes every user that signs up agree that they are 18 or older before they are able to view/buy any explicit content, but only asks content creators for an ID. If a person DMs an onlyfans link to their followers, could they be charged if the recipient happens to be a minor?

James L. Arrasmith
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answered on Jan 21, 2024

In situations where a person sends an OnlyFans link to someone on Instagram or Facebook without knowing the recipient's age, potential legal issues could arise. While OnlyFans requires users to confirm that they are 18 or older, it is not foolproof, and minors could potentially create accounts... View More

1 Answer | Asked in Federal Crimes, Sexual Harassment and Internet Law for New York on
Q: If a person DMs someone an onlyfans link, does that count as disseminating indecent material? (NY Penal Law 235.22)
James L. Arrasmith
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answered on Jan 21, 2024

Sending a link to an OnlyFans page, in and of itself, typically does not constitute the dissemination of indecent material under New York Penal Law 235.22. The law generally focuses on the actual dissemination or sharing of explicit or obscene content. OnlyFans is a platform where users share adult... View More

Q: My former employer failed to protect me from domestic violence and sexual harassment in the workplace.

I have suffered mentally and physically and can no longer work in the field I am trained in.

Maya L. Serkova
Maya L. Serkova
answered on Jan 18, 2024

I am sorry this happened to you. More specific facts are needed to understand if you have any meritorious claims against your former employer. These types of cases are very facts and detail-oriented. I suggest you consult an employment law attorney who will further examine your situation and... View More

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Q: My former employer failed to protect me from domestic violence and sexual harassment in the workplace.

I have suffered mentally and physically and can no longer work in the field I am trained in.

James L. Arrasmith
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answered on Jan 19, 2024

Under California law, employers have a duty to provide a safe working environment, which includes taking reasonable steps to prevent and address domestic violence and sexual harassment in the workplace. If an employer fails to fulfill this duty, they may be liable for any harm that results.... View More

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Q: can i take legal action for being forced to listen to offensive rap music at work

i was working as a contract employee in a hospital with a staff that was predominantly black and the music on the radio was always rap hip hop and gospel. i am caucasian and i am not a fan of this type of entertainment and i was never asked if i would like to listen to my music. i once took out my... View More

James L. Arrasmith
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answered on Jan 7, 2024

In the context of being forced to listen to certain types of music at work, legal action can be a complex matter. Generally, employers have broad discretion in setting workplace policies, including those related to music played in common areas. However, if the music contains explicitly offensive or... View More

1 Answer | Asked in Criminal Law and Sexual Harassment for Virginia on
Q: How can I get my son a bond? He doesn't have a criminal record or history.

He provided proof of his innoncence and I have provided proof also. His ex girlfriend is bringing these charges up. What can I do now?

David G. Parker
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answered on Jan 5, 2024

If bond was not granted by the magistrate or by the judge at his arraignment, then he or his attorney will need to file a bond motion. Opportunity will be given at a bond hearing to present relevant factors for the court's consideration, including but not limited to the nature and... View More

1 Answer | Asked in Civil Rights and Sexual Harassment for California on
Q: I was exited from a homeless shelter because I was speaking to staff aggressively after they unlocked and opened the

The bathroom door while I was taking a shower, they had no right to do such a thing especially do to the fact that when the knocked I responded and just cause they didn't like the way I was responding thats why they opened the door on me and now here I am with my pregnant gf living in my... View More

James L. Arrasmith
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answered on Dec 31, 2023

I'm sorry to hear about the distressing situation you're facing. Under California law, you have several options to seek justice and address these grievances.

Firstly, it's important to document everything. Keep a record of the dates, times, and details of these incidents,...
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