Any Lawyers In Here??need Some Advice
- Thread starter joker_ca
- Start date
tangman99
Active Member
Not a lawyer either, but here's my 2 cents. Block***** are owned by someone. My advice is you tell her to quit. Have her type up a letter of resignation and give it directly to the owner describing exactly what has taken place and why she sees no other alternative but to quit. This may trigger them to look into it and get rid of the idiot. As an owner of a business, you are required to provide a workplace that is free of harassment.
No excuse for such behavior. You are a more tolerable person than I am. I would have already paid him a little visit and did a Mexican Hat Dance (
) on his head.
No excuse for such behavior. You are a more tolerable person than I am. I would have already paid him a little visit and did a Mexican Hat Dance (
reefraff
Active Member
Not a lawyer either but my wife is a paralegal (does most of the footwork for the lawyers).
Witnesses. Big, huge. Are there other co-workers who will back up what is going on?
DON'T QUIT! If you have others who will back up her story you need to go to the corporation. Work place harassment it a huge liability, Your GF's boss will be packing and she and any others subjected to this creeps harassment just might get a nice bonus but will for sure find themselves working for a decent boss.
If he ever hits her with anything, I mean anything she needs tocall the paramedics. Now you have documentation of what's going on and that she was physically harmed. Again go to the corporate level. The moron will be gone and possibly prosecuted.
Witnesses. Big, huge. Are there other co-workers who will back up what is going on?
DON'T QUIT! If you have others who will back up her story you need to go to the corporation. Work place harassment it a huge liability, Your GF's boss will be packing and she and any others subjected to this creeps harassment just might get a nice bonus but will for sure find themselves working for a decent boss.
If he ever hits her with anything, I mean anything she needs tocall the paramedics. Now you have documentation of what's going on and that she was physically harmed. Again go to the corporate level. The moron will be gone and possibly prosecuted.
T
thomas712
Guest
Documenting a Complaint
When concerns of harassment arise, it is important to document what is happening.
Proper documentation is very important to case resolution.
Documentation of a complaint should be clear, detailed, and events noted in chronological order.
The contents of the complaint should answer the following questions:
When did the incident(s) occur?
provide date(s) of the incident(s)
provide time(s) of occurrence, including duration
Where did the incident(s) occur?
location of incident(s) (e.g., office, cafeteria, parking lot, social function)
medium of communication of harassment: verbal, non-verbal (e.g., gestures and physical contact), written (including e-mail), etc.
What exactly happened during the incident(s)?
provide details of the incident(s): specify the actions taken by the harasser (e.g., sent e-mail or a letter, touched complainant, made harassing comments, etc.)
Were there any witnesses?
who, if anyone, saw the harasser's actions
is anyone else aware of the incident(s) taking place
Did the complainant tell anyone about the incident(s)?
who else was told about the incident(s) (e.g., supervisor, co-worker, human resources, counsellor, friend, etc.)
What attempts, if any, have been made to remedy the situation?
have there been any steps taken to stop the harassment
if action has been taken, specify the steps taken to rectify the situation (e.g., complainant told the harasser that his/her actions were unacceptable, complainant approached personnel about the situation, warning was issued to the harasser, etc.)
How did the complainant feel when the incident took place?
specify how the harasser's actions emotionally affected the complainant (e.g., angry, fearful, feelings of inferiority, etc.)
I am of the opinion that if she quits then the aggresser has won, don't allow him to win like that. Copy that information and even pass it out among other emplyees. Build a case, and act on it.
I know that stepping out back would be what you want, but I can not suggest such a thing.
I have to deal with assults, larceny/thefts, medicals, drunk/dissorderly,...etc and it all comes down to what you put down on paper.
One other suggestion, a small micro recorder would not be a bad investment.
Thomas
When concerns of harassment arise, it is important to document what is happening.
Proper documentation is very important to case resolution.
Documentation of a complaint should be clear, detailed, and events noted in chronological order.
The contents of the complaint should answer the following questions:
When did the incident(s) occur?
provide date(s) of the incident(s)
provide time(s) of occurrence, including duration
Where did the incident(s) occur?
location of incident(s) (e.g., office, cafeteria, parking lot, social function)
medium of communication of harassment: verbal, non-verbal (e.g., gestures and physical contact), written (including e-mail), etc.
What exactly happened during the incident(s)?
provide details of the incident(s): specify the actions taken by the harasser (e.g., sent e-mail or a letter, touched complainant, made harassing comments, etc.)
Were there any witnesses?
who, if anyone, saw the harasser's actions
is anyone else aware of the incident(s) taking place
Did the complainant tell anyone about the incident(s)?
who else was told about the incident(s) (e.g., supervisor, co-worker, human resources, counsellor, friend, etc.)
What attempts, if any, have been made to remedy the situation?
have there been any steps taken to stop the harassment
if action has been taken, specify the steps taken to rectify the situation (e.g., complainant told the harasser that his/her actions were unacceptable, complainant approached personnel about the situation, warning was issued to the harasser, etc.)
How did the complainant feel when the incident took place?
specify how the harasser's actions emotionally affected the complainant (e.g., angry, fearful, feelings of inferiority, etc.)
I am of the opinion that if she quits then the aggresser has won, don't allow him to win like that. Copy that information and even pass it out among other emplyees. Build a case, and act on it.
I know that stepping out back would be what you want, but I can not suggest such a thing.
I have to deal with assults, larceny/thefts, medicals, drunk/dissorderly,...etc and it all comes down to what you put down on paper.
One other suggestion, a small micro recorder would not be a bad investment.
Thomas
tangman99
Active Member
Originally posted by joker_ca
thanks for all your guys input, and now shes telling me that he does it to other people at her work i want to get this f__ker so bad
we'll do what u guys suggested
thank you agian
Let me ellaborate a little on my first suggestion when I suggested quiting and turning in the resignation. I was assuming a realistic situation that occurs most of the time that seemed to fit on your initial description. Most people aren't stupid and when they harass someone it is usually aimed at one individual for some reason. They very seldom will do it in front of others so proof is very hard to come by and is usually their word against yours. Their did not seem to be any physical signs of evidence as that he actually hit her when he throws things at her. In this situation (no proof) no much can or will ever be done.
Now if I'm a business owner (and I have been in the past) if an employee comes to me with a letter of resignation saying that they are quiting because they see no other alternative to a situation that I know carries high liability, then I am taking it more serious than if they come to me complaining with no proof. I would just see the situation as more serious and more believable.
Now if there are others that are being affected then the situation changes and I agree with the others. Don't quit and work with anyone else willing to step forward with you to get this person fired. I would pick up a small voice recorder and place in my pocket. The next time he goes on a rant or get's violent, hit the record button and get in on tape. If you show the others that you have something concrete to present, they will be more likely to go in with you because they will know their chances are much better of action being taken.
Good luck and your girlfriend is right to keep you away. I know it's hard, but I hope you both get the situation taken care of the right way.
nw2sltfsh
Member
Originally posted by TangMan99
The next time he goes on a rant or get's violent, hit the record button and get in on tape. If you show the others that you have something concrete to present, they will be more likely to go in with you because they will know their chances are much better of action being taken.
In order for that to actually work if the situation escaltes into a lawsuit on that person or even any type of hearing for compensation of employment you must understand your states laws on dual party consent to recordings.
For example - in MA in order for taped conversations to be used as evidence both parties must consent to the recording.
(Just something learned post Monica Lewinski and with the help of CNN)
tangman99
Active Member
Originally posted by NW2SLTFSH
In order for that to actually work if the situation escaltes into a lawsuit on that person or even any type of hearing for compensation of employment you must understand your states laws on dual party consent to recordings.
For example - in MA in order for taped conversations to be used as evidence both parties must consent to the recording.
(Just something learned post Monica Lewinski and with the help of CNN)
You are definitely correct and the notion behind this is simply as proof to the store owner that their manager is a D***Head and they can get rid of him. Legal action is a different and more difficult set of rules.
larrynews
Active Member
ok my wife says, to make sure she either has witness or find someone else that he has done this to...because if not its going to be a her word agianst his....but she should still document everything days, times and what was said and or done....and if there were witness.....then either call or write a letter to the human resourse person at blockbuster...and my advice is if you know someone who is a lawyer and they don't mind cc them a copy of the letter it looks better that way...tht...any other questions i'll ask her