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New Jersey Sexual Harassment Questions & Answers
1 Answer | Asked in Sexual Harassment for New Jersey on
Q: Working in retail. Was asked to wear pajamas at the store. I don’t want to. Can there be consequences

Pajamas in my size are hard to find. I think inappropriate in public

Leonard R. Boyer
Leonard R. Boyer answered on Dec 22, 2018

What you were describing is not sexual harassment. Absent an employment contract or union agreement any employee, especially working in retail can be fired for any reason at all or for no reason what so ever. Management would have discretion as to whether or not the fire you based on your refusal... Read more »

1 Answer | Asked in Sexual Harassment for New Jersey on
Q: A straight woman at my company is making uncomfortable comments that I feel are harassing. I'm a gay man.

Can this still qualify as sexual harassment?

Emre Polat Esq.
Emre Polat Esq. answered on Dec 11, 2018

What kind of comments? That is considered a form of harassment. Consider a consultation for a case evaluation.

2 Answers | Asked in Sexual Harassment for New Jersey on
Q: I've been documenting comments of a sexual nature that my coworker has been saying to me but if I don't have witnesses

to them, would this documentation hold up in court? Wouldn't it just be my word against his if he denies them?

Emre Polat Esq.
Emre Polat Esq. answered on Nov 12, 2018

Documentation is not necessarily required if there is a hostile work environment based sexual comments and conduct. Consider a consultation for a case evaluation.

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3 Answers | Asked in Criminal Law and Sexual Harassment for New Jersey on
Q: Will a person who turned himself in get charged for sexual assault even if the victim doesn’t press charges?

A person I know turned himself in for sexual assault but the victim didn’t press charges. Can the state still prosecute him even if the victim isn’t pressing charges?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 4, 2018

The victim generally doesn't press charges it is done by the state otherwise a murder could not be convicted because the person they killed died and can't press charges. That being said the victim will have to at least testify/admit to the fact that the alleged incident did occur.

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1 Answer | Asked in Sexual Harassment for New Jersey on
Q: If I was dating a coworker and then broke up to him and now he's harassing me in the office and outside of it, can I sue

him for sexual harassment?

Emre Polat Esq.
Emre Polat Esq. answered on Oct 29, 2018

Yes. That could still be a form of sexual harassment and hostile work environment. What is he doing that is harassing?

Further information is required. Consider a consultation for a case evaluation.

1 Answer | Asked in Sexual Harassment for New Jersey on
Q: Am I able to file a claim against a retailer if I was just a customer and not an employee?
Richard Yaskin
Richard Yaskin answered on Oct 5, 2018

You may be able to do so, especially if the retail establishment is considered a place of public accommodation, such as a shopping mall. The NJ Division on Civil Rights has a poster which states that victims of sexual harassment are protected:

"In public places - when you get or try to get...
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2 Answers | Asked in Criminal Law, Federal Crimes, Civil Rights and Sexual Harassment for New Jersey on
Q: If immigrant child was sexually assaulted, and threatened by a legal resident. Could the child testify with no problem?

Are there any laws or rights that protect the victims identity? The victim is afraid of being deported, but without her testimony the charges may be dropped. The attacker has already several victims but they are also afraid to speak up, and their experiences weren’t as traumatic.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 6, 2018

Generally, The victim should not have to worry about being deported for testifying about abuse if that is your question, although I would still suggest a consult with an immigration lawyer, as your question is not that clear.

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2 Answers | Asked in Sexual Harassment and Criminal Law for New Jersey on
Q: Can I have customers arrested for harassing or nonconsensually touching my female coworkers in New Jersey?

To date, I am not aware of incidents involving physical contact with the employees' "intimate areas", but customers have made lewd comments, then touched employees elsewhere on their bodies, grabbed their arms, sides, etc.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 16, 2018

You could call the police, but this may best done by the victim unless they complain to you and/or you know for certain it is not consensual. Also remember never rely on legal advise given over the web as It is only general in nature and may not be specific for your case.

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1 Answer | Asked in Sexual Harassment for New Jersey on
Q: A coworker made a bogus sexual harassment charge up just to get me fired. What should I do to fight back?
Christopher J. Eibeler
Christopher J. Eibeler answered on Jul 25, 2018

Employers have an obligation to conduct a prompt, thorough and complete investigation into complaints of sexual harassment. This obligation is owed to both the alleged victim and the accused. A proper investigation will include the accused being interviewed by the investigator. You should be... Read more »

3 Answers | Asked in Sexual Harassment for New Jersey on
Q: Does harassment need to be repetitive in order to bring a case against my boss?
Emre Polat Esq.
Emre Polat Esq. answered on Jun 29, 2018

It does not need to be repetitive. Consider a consultation for a case evaluation.

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2 Answers | Asked in Sexual Harassment for New Jersey on
Q: I was touched innapropriately and verbally abused at work. I told my bosses over four times and nothing changed.

It happened almost everyday. It is happening to other girls too at work. We will cry and cry to the bosses to make a change but they do nothing. Is this considered a case to come forward with. Because there is no physical evidence, just us girls, the delivery drivers, and the bosses know about it.

Andrew S. Abramson
Andrew S. Abramson answered on Jun 26, 2018

It is possible that you may have a cause of action. Many more details will be required to properly assess the situation. Please feel free to contact our office to discuss the situation.

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1 Answer | Asked in Gov & Administrative Law, Criminal Law, Family Law and Sexual Harassment for New Jersey on
Q: In the state of New Jersey, will a 22 year old boy go to jail for getting a 17 year old female pregnant?

And if she gets pregnant, can both of them get married without parental consent?

Leon Matchin
Leon Matchin answered on Jun 1, 2018

No he won't but will require to pay child support. But get confirmation the child is yours because there been cases where alleged dad paid child support to later find out baby wasn't his.

1 Answer | Asked in Sexual Harassment for New Jersey on
Q: Hi about 18 years ago I was sexually assaulted by my manager at Staples can I do anything now
Leonard R. Boyer
Leonard R. Boyer answered on May 25, 2018

This determination cannot be made without an in person consultation. You may have a case, but no attorney can determine that without speaking to you in detail. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one... Read more »

1 Answer | Asked in Sexual Harassment for New Jersey on
Q: I lost my job over a bogus sexual harassment claim. How can I punish my accuser?
Leonard R. Boyer
Leonard R. Boyer answered on May 18, 2018

Your situation is complex and you would have to be able to prove (among other things) a causal relationship between the termination of your job, that the person making the claim knew it to be false and more. You would need to have an in person consultation with an experienced litigation attorney.... Read more »

4 Answers | Asked in Sexual Harassment for New Jersey on
Q: How do I protect my job if I need to file a sexual harassment claim against my manager?
Richard Yaskin
Richard Yaskin answered on Apr 27, 2018

It’s a tough issue in that you are obliged to complain but must depend on the good faith, clout and diligence of Human Resources or whichever entity will investigate and have the duty to remediate your complaint. You can increase the odds of a favorable outcome by keeping regular documentation of... Read more »

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1 Answer | Asked in Sexual Harassment for New Jersey on
Q: If I accepted money from a coworker who has sexual harassed me.

What will most likely happen?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 11, 2018

That depends on the facts of what happened. I suggest that you setup a consultation with an experienced lawyer as you may need anything from a release to a confidentiality agreement. Either way expect to pay a fee to a lawyer to get the advise you need.

1 Answer | Asked in Sexual Harassment for New Jersey on
Q: My boss asked me out and I want to say yes. Can he get in trouble with HR if he doesn't preemptively report it?
Leonard R. Boyer
Leonard R. Boyer answered on Mar 30, 2018

This type of situation often ends in serious problems, you should avoid it at all costs.

1 Answer | Asked in Criminal Law and Sexual Harassment for New Jersey on
Q: Can a child victim of sexual assault provide a video testimony in the judge's chambers instead of being in actual court?

N/A

Leonard R. Boyer
Leonard R. Boyer answered on Mar 17, 2018

That is up to the discretion of the Judge and the age of the child.

1 Answer | Asked in Criminal Law, Juvenile Law and Sexual Harassment for New Jersey on
Q: I am 21. Is it illegal to tell my 16 year old brother a story about a sexual encounter I had while vacationing in Fl?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 8, 2018

Depends on what you say and how you say it as it could under certain circumstances be a crime.

4 Answers | Asked in Sexual Harassment for New Jersey on
Q: I read online that the Faragher-Ellerth defense requires me to work through any issues of sexual harassment with my

employer prior to suing them. What if it's someone in HR who's harassing me and I don't feel safe doing that though?

Emre Polat Esq.
Emre Polat Esq. answered on Feb 7, 2018

Not necessarily. The FE defense is for the employer to prove that they have the means in place to make a complaint but that does not mean that it precludes you from suing. In addition, that defense can be easily overcome in NY State law and NY City law against sexual harassment. You can make the... Read more »

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