Legal Question in Sexual Harassment in Florida

Employee allegging Employer

If an employee alleges sexual harrassment against employer, not substantiated by any evedence. How are the chances of it being successful and or being dismissed. How long it takes. Is the defense usually covered by General Liability Insurance.


Asked on 2/11/01, 10:00 pm

1 Answer from Attorneys

Elliot Goldstein Law Offices of Elliot Jay Goldstein

Re: Employee allegging Employer

I am an attorney practicing in the Greater Tampa/St. Petersburg area.

Often the evidence consists only of sworn testimony. If you are perceived as being credible then you have a shot. Be aware that for the employer to be held liable, after having been put on notice of the problem, he must have failed to take steps to stop the harassment. You MUST make a complaint to either his supervisor and/or HR. Make sure you get a copy of something in writing to substantiate that you made the complaint. If the employer refuse to provide you with a writing, then immediately send the employer a certified return receipt letter confirming that you made the complaint. I would also note in the letter what the employer stated they would do to remedy the situation. There is a very very very short Statute of Limitations so make the complaint IMMEDIATELY. You will also need to file a complaint with the local office of the Federal Equal Employment Opportunities Commission (E.E.O.C.) This has to be filed within 180 days of the act(s) of harrassment.

Let your attorney worry about whether their is insurance. If there isn't, and the company has assets and/or income, then any lack of insurance coverage would be the company's problem.

A case takes as long as a case takes. No one can tell you how long it might take to conclude. The specifics of each case is different. Maybe a settlement will be reached after only four months. A case can take years to conclude.

This is not a simple process. You really should retain an attorney.

You should schedule a formal consultation with a lawyer. A good means of obtaining an attorney referral is by contacting your State's bar association or your local county bar association. They probably have a web site and charge a nominal fee for the referral. Most attorneys either provide a free initial consultation, or charge a nominal fee. I never charge for an initial consultation.

Good Luck/Please feel free to give me a call 727/804-3609.

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this information. Seek a formal consultation with an attorney.

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Answered on 3/22/01, 8:01 am


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