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 »
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.
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...Read more »
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.
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.
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.
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.
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 »
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.
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 »
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 »
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 »
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.
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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