Just wondering if
1. Is a company obligated to fire someone who is being complained about in regards to sexual harassment?
2. If so, how long do they have? Assuming the complaint was documented, investigated, and the employee was found guilty of it.
3. Can you sue a company for not firing someone if they were found guilty of it?
So, if there is no time limit for the employee to be fired, then how would I know the appropriate time to seek an attorney after filing a complaint with my employer?
Related posts:
- What to include in the letter to fire attorney?
- Can an employer fire an employee for participating in Legal activities while Off-duty?
- Homeowner hired a restoration company after a fire, who is supposed to get the permits?
- What kind of fire support elements does the german infantry company consists of?
- what is the point of fire extinguishers in the work place?
1. No, but they should initiate a good-faith investigation if they want some protection against a subsequent lawsuit brought by the alleged victim.
2. No time requirement since there is no requirement that the company terminate the alleged offender.
3. Yes, one possible theory is that the company fostered a hostile work environment. Another is that the company is vicariously liable for the actions of its employees and thus responsible for the injuries inflicted by the alleged offender due to their failure to take action against this offender.
EDIT: To answer your newest question, there isn’t an appropriate time to wait after filing a complaint with your employer. Title VII and various state anti-discrimination/anti-sexual harassment acts do not even require you to file a complaint with your employer first.
You can and SHOULD consult an attorney now, preferably one who specializes in bringing sexual harassment claims (and more generally, civil rights). If you go to lawyers.com, you should be able to find a large list of them in your area.
Just FYI, if you want to file a lawsuit, you would be required to file a complaint first with the EEOC and/or your state agency (but only one of those agencies would investigate it under the federal-state worksharing agreements), and then obtain a "right to sue" letter. Even if you don’t plan to sue your employer, getting an attorney involved will make them take your complaint MUCH more seriously. Plus, if your employer retaliates against you for filing a complaint with them or EEOC, you are afforded legal protections. Visit EEOC.gov for more info. Hope that helps.
1. the company has to investigate the complaints before they make a decision.
2. I don’t believe they have to fire the guilty party but I am not 100%
( I worked for a company three years ago and I was sexually assaulted multiple times and the guilty party was not fired, even though the company had a zero tolerance policy.)
3. you may be able to sue I suggest you see a lawyer, I believe the statue of limitations are 2 years.