(Closed) Legal bees, any advice?

posted 8 years ago in Legal
Post # 3
Member
1871 posts
Buzzing bee
  • Wedding: February 2011

I’m interested to hear about the legalities of something like this.

Did you leave your employment at the bar purely voluntarily, or was it because the incidents with John left a bad taste in your mouth?

Post # 4
Member
2742 posts
Sugar bee

What would be the basis of your suit if you sued now? Because of what happened before or that he is now working there?

Post # 5
Member
2394 posts
Buzzing bee
  • Wedding: April 2010

Talk to a lawyer in your state who specializes in employment issues.  He or she will know better than we do whether or not you have a case or its likelihood of success.

Post # 6
Member
1537 posts
Bumble bee
  • Wedding: April 2011

I think whenever you have questions like this it is always best to see a lawyer at least for a consultation. Different states and provinces have very different laws and guidelines so it would be best to speak with a lawyer that is experienced with your own state laws.

You may run into problems, however, since the problem was rectified and he was terminated. Action was taken by your employer, his mother, to stop this inappropriate behaviour so it may be hard to dig up a case now. Did he do or say anything inappropriate to you other than this one incident? Was he suggesting you become involved in the sexual activity? I think these factors will play a big part..

If you really feel that you were violated and justice should be served then it wouldn’t hurt to visit a local lawyer and discuss your options. Good luck!

Post # 8
Member
2866 posts
Sugar bee
  • Wedding: September 2010

Not a laywer – but if you’re not working there anymore then why does it matter that his mom hired him back?

I could see it being an issue if she had hired him while you still worked there but since you’ve left it seems a little odd that you’d want to potential bankrupt the business when his employment has no effect on your current working environment.

I think current employees would have a better case. You could offer to be a witness for them.

Post # 10
Member
2858 posts
Sugar bee
  • Wedding: May 2011 - Bartram's Garden

If you’re not working there anymore, I don’t think you have any legal recourse.

Post # 12
Member
1871 posts
Buzzing bee
  • Wedding: February 2011

@Shiner: Totally not a lawyer, but just reading your post it sounds like he’s a disgusting louse and you are obsessing over this. I imagine (again, not a lawyer, but FWIW) that it’d be very difficult to do a claim: your employer addressed the problem and you left on your own accord.

But I have a bigger point (and this comes from my parents, who are both lawyers), which is that you think very carefully as to whether this is just a case of a bad experience with a bad guy or if this is truly something that you want to get involved with legally, because at the end of the day, you really don’t want to entangle yourself in the legal system if you can avoid it. It’s a lot of time, money, and generally kind of a hassle. I’m not saying sexual harassment isn’t a big deal or that we should discourage women from coming forward, but this issue seems to be a different case. I’m just repeating the general line from my parents, as lawyers, which has always been–“stay out of court.”

Post # 13
Member
5262 posts
Bee Keeper
  • Wedding: June 2012

Honestly, you say this would likely bankrupt the bar – could you really live with yourself doing that after the owner fired her son like you asked, and didn’t hire him back until you left? 

No matter what the legalities, it sounds to me like that’d be going back on your word (since you’d have to use the incident with the hookers) and I think that’s morally a very fine line. 

Post # 15
Member
74 posts
Worker bee

I’m a paralegal and all states are different but I used to work for a plaintiff side employment law attorney. Once statue of limitations is past, no, unless you go back and a new claim comes of it, you have no legal recourse. It’s why we were so quick to move and get things filed with the court because of the short time frame on anything to do with employment law.

If you have bad feelings coming from it, I’d say you’re just going to need to find a new place to hang out or you just forget it. You have no say over who the place hires and unless he’s bothering other people and they are filing something it’s not your area anymore. Yeah, it’s gross what he did, but he didn’t force anyone into doing anything they didn’t want to do, if it was consentual sex. I’ve been in bars and witnessed people having sex in the bar before close. Not fun or pretty but it’s what can happen with drinking. If you’re that bothered, you have the choice not to go there and associate there anymore.

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