What are my rights?

[sandy123]

I am a business woman that has worked for an International company off and on for almost 6 years.
I am trying to find out what my legal rights are regarding the following situation described below.

An employee in our office came to me and told me that a manager has been sexually harresing her for some time and that she wanted it to stop and what should she do. After talking to her I have learned that the claim is against my boss I direcly report to. Having had no experience with such a siutation I contact our legal dpartment for advice as well as the next line of comand which was my bosses boss. I had been adviced that I MUST file a complaint on the behalf of the employee or I could potentially loose my job, needing my job and wanting to do the right thing but also explaining that I feel VERY uncomfortable with that since the claim was against my boss. They assured me that I had nothing to worry about and they would take care of it. I was told to be truthful and continue to do my job and keep my head down, all will be OK that I have to make a statement and it has to be investigated.

Months had gone by and nothing had happend from a legal stand point in claim or then 2-3 months later I as well as a few other managers had been asked to make a verbal statement after we had already submited a writen one.

In the meantime I had called the legal department asking them if my name has been brought up to my boss since my working conditions have been greatly effected. I told them that I felt I was beeing singled out and harrest at times to the point after more then 5 months of dealing with my boss, I had a breakdown and had to see a Dr.

I have been out on medical leave for a couple months now and just the thought of having to go back and not having been protected by my company, I feel extremly stressed and now deal with panic attacs. I have complained several times in writing to be transfered to a different facility even different state, just to get away from this mess that has brought me to my breaking point.

I need an income as much as the next person but I am not able to return to this job knowing the abuse I had to deal with on a daily basis that has made me sick and has effected my entire family.

I want to know if I file a suit against them for the pain and suffering I had to endure as well as the loss of my pay, since I will not be able to return. Will I have a case against my firm?

I did not want to take this route but I feel that I have no choice, not only will I loose my job but I will have lost my pride...the pride I had working for this company.

Any advice would be appreciated. I can provide more details if they are needed.

Sincerely,
S.

 

[calalily]

Did you file a formal complaint with the legal department regarding retaliation? Are they refusing to transfer you? Why did you have to file the complaint and not the employee who made the charges?

 

[presutin]

I am a bit confused...
1) Why is it that your HR didn't handle the situation before legal? And why did you have to file the complaint and not the employee?
2) As far as retaliation what proof do you have to substantiate your case? You state that you feel that your work conditions had been greatly affected but in what sense?
3) Talk to an attorney - he/she can advise you best regarding how to proceed. Good Luck!

 

[sandy123]

No complaint had been filed with our HR department. I did inquire but they made me aware that once they invetigate we would have a face to face with my MG an I and that was out of the question for me.

They told me that our company currently had no other positions available.

Since the employee came to me and made me aware, they told me that I would have to provide a written statement as far as what she told me and that they would follow up with her after my written statement.

I used the term HR and legal incorrectly. We refer to our legal department as HR.

S.

Did you file a formal complaint with the legal department regarding retaliation? Are they refusing to transfer you? Why did you have to file the complaint and not the employee who made the charges?

 

[calalily]

Well, if you didn't file a complaint then they are not liable. You couldn't sue for pain and suffering any way. If you had filed a complaint, you may have been able to do something in regrads to retaliation, but since you didn't, it appears you don't have a case.

 

[sandy123]

Since the employee came to me I am required per my company to open a claim agains the Mgr in question and they then would follow up with the employee.

Employees that work for me in our office have seen situations that are questionable, having been embares or put down infornt of my staff. Showting matches in my office that had been overheard. My manager has a history of trying to get people in his office (right at 5pm) to "talk" when no one is around, no witnesses, he tried to do the same thing with me and me a grown woman had to hide in a bathroom to avoid a confrontation with him that could have caused me my job if I would have said the wrong thing.
I have a Lead that reports to me informing me that my manager has asked her things about me, to check up on me..in nice words to spy on me. She then came and told me about it.

Thank you for your input.

I have contacted a lawyer.

S.

I am a bit confused...
1) Why is it that your HR didn't handle the situation before legal? And why did you have to file the complaint and not the employee?
2) As far as retaliation what proof do you have to substantiate your case? You state that you feel that your work conditions had been greatly affected but in what sense?
3) Talk to an attorney - he/she can advise you best regarding how to proceed. Good Luck!