What constitutes strong evidence in a workplace discrimination or sexual harassment claim?

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  • เผยแพร่เมื่อ 1 ธ.ค. 2024

ความคิดเห็น • 53

  • @jsegura525
    @jsegura525 11 หลายเดือนก่อน +5

    Vincent is building a better world by helping people.

  • @tomlib6794
    @tomlib6794 3 ปีที่แล้ว +22

    This is all really really good stuff, and free. How many attorneys do that? Thank you

    • @JobAttorney
      @JobAttorney  3 ปีที่แล้ว +2

      Happy to help, I hope my stuff is useful to people.

    • @tomlib6794
      @tomlib6794 3 ปีที่แล้ว +1

      @@JobAttorney thanks for the quick reply on my other comment. Another question I have is what happens when the harasser/supervisor admits to everything he did and isn't denying anything? Forcible touching/assault/retaliation/bribery and all that? Will that make the process to a settlement faster? Will the employer still fight it or fully give in to demands? Thanks again!

    • @JobAttorney
      @JobAttorney  3 ปีที่แล้ว +1

      @@tomlib6794 If the supervisor/bad actor is admitting to forcible touching, I'd expect the employer to be very eager to arrange a settlement if your demand is reasonable.

  • @themetatruthengineer1442
    @themetatruthengineer1442 3 ปีที่แล้ว +14

    I just filed a complaint with the EEOC and my company was charged with discrimination. They only go with hard evidence, witness testimonies and the truth of timeline. In my case, I had evidence of false reports by the supervisor, the people I worked with, and evidence of sexism towards me. I also was under oath and swore that my statement was true, and I presented the evidence I had which contradicted that of which my supervisor had.

    • @JobAttorney
      @JobAttorney  3 ปีที่แล้ว +9

      Good job! The EEOC considers all evidence, including circumstantial evidence. But direct testimony and documentation are always the strongest, agreed.

    • @themetatruthengineer1442
      @themetatruthengineer1442 3 ปีที่แล้ว +5

      @@JobAttorney For sure. We all know what happens when an employee lies to a supervisor, but what do you do when the supervisor lies? Well, it doesn't look good with this company.

    • @JobAttorney
      @JobAttorney  3 ปีที่แล้ว +10

      @@themetatruthengineer1442 I always view supervisor lies as an opportunity. If you can catch them in the lie, their credibility is blown and it can be amazing for the case.

    • @THEDUKESTER903
      @THEDUKESTER903 4 หลายเดือนก่อน

      Did you win?

    • @AElsa-ve8sl
      @AElsa-ve8sl 3 หลายเดือนก่อน

      What did you get in retirn after you won the case?

  • @kristinsandoval5914
    @kristinsandoval5914 2 ปีที่แล้ว +5

    What is a reasonable settlement demand for being harassed for 10 months, then retaliated against for an additional 7 months? They stopped me from moving up and my boss continued to stalk me when management did nothing significant to put a stop to his behavior and stalking.

    • @JobAttorney
      @JobAttorney  2 ปีที่แล้ว +4

      I think I have two or three videos on the channel that deal with valuing a claim and how to go about setting a demand. If these aren't helpful, let me know and I will try to make you a short but customized video discussing details of your situation that you want to share on the internet.

  • @originalzombiefied523
    @originalzombiefied523 ปีที่แล้ว +2

    What do I do if someone continues to harass me on how to do my job?

  • @Gokywildcats11
    @Gokywildcats11 ปีที่แล้ว +2

    This man knows his stuff

    • @905JimRaynor
      @905JimRaynor 6 หลายเดือนก่อน

      Trevor Bauer disagrees. Generally speaking, most adults are liars. Years ago, I was paid by the NHLPA to construct a course curriculum for their players. The NHLPA paid for a course on how to avoid fake sexual assault and fake sexual harassment claims.
      Relating this to a current open case today... Janel Grant is lying and her lawyer knows it.

  • @7vii7sk77
    @7vii7sk77 2 ปีที่แล้ว +1

    I reported a person to the police and pressed charges. My nephew and I aren't employees but know the manager who was kind enough to give us work. He paid under the table. He introduced us to other employees that asked questions. I was his first victim then my nephew. I was uncomfortable when he touched me so I informed my nephew. Two minutes later he came to me with his hands closed in a fist. He wanted to physically attack the manager. I said no. Chill out. He was still upset and continued to tell me what he is going to do. I said no again. That's when I said okay I believe you let's go. My nephew followed me out and we did everything a judge would want us to do. Their was a investigation and he confessed. The victims compensation program approved our application and now we want to file a civil suit. This happened at a Dollar Tree Store. He also is successful in real estate.
    Do I need a attorney?
    Can I receive a settlement without a attorney?

  • @Spectre2434
    @Spectre2434 2 ปีที่แล้ว +3

    So it's to the attorney's advantage to go after anything that can show that people are being untruthful to increase the value of the claim and win ?

  • @tomlib6794
    @tomlib6794 3 ปีที่แล้ว +2

    Does it hurt my case if my boss who was sexually harassing me quit or was fired right after I filed a complaint with the eeoc? Thanks in advance!

    • @JobAttorney
      @JobAttorney  3 ปีที่แล้ว +2

      It's a minor complication, but not a major issue.

    • @winning3329
      @winning3329 8 หลายเดือนก่อน +1

      If the company knew his behavior and took no action then the company is liable.
      I went through the same situation

  • @tomlib6794
    @tomlib6794 3 ปีที่แล้ว +3

    What state are you in sir? Can recorded phone calls be used as leverage to settle before going to court? Does the recorded call have to have taken place between the 2 parties in the same state? Its my bosses girlfriend and he basically admitted to assaulting her and trying to cover it up by getting her a severance and paying her x amount of dollars extra for her to quit. Hes a cfo of a huge bank with 80 branches.

    • @JobAttorney
      @JobAttorney  3 ปีที่แล้ว +1

      Recorded telephone calls can be a touchy subject, because the laws of multiple jurisdictions can be implicated even though the call was actually between two people in the same State. Often these calls get routed all over, potentially activating the laws of multiple States and even occasionally a Federal wire tapping statute. But, I will say you are always better off having a recording than not.

  • @Spectre2434
    @Spectre2434 2 ปีที่แล้ว +6

    Are emails with HR and senior leadership helpful to demonstrate that they were aware of a problem ?

    • @JobAttorney
      @JobAttorney  2 ปีที่แล้ว +7

      Yes, very.

    • @Spectre2434
      @Spectre2434 2 ปีที่แล้ว +1

      I'm guessing that they would possibly be helpful in firming up a whistleblower complaint as well? Like they couldn't say they didn't know that there were concerns.

    • @JobAttorney
      @JobAttorney  2 ปีที่แล้ว +3

      @@Spectre2434 If by whistleblower you mean a retaliation claim, yes. If you mean a true whistleblower claim, the answer is muddied because the elements that must be proven for a whistleblower claim vary widely from state to state.

  • @croc560
    @croc560 ปีที่แล้ว +1

    The gambling part....great words but then leaves me wondering...then why bother taking your case to trial? I met an attorney and showed him evidence and he at the very least said it was enough for a foundation of the case, but in terms of seeking high numbers, he'd only expect a little extra over the 1 year salary. And that is IF we win. So....gambling is stupid....so then why go to a trial at all? Should we just give up the moment we get a final offer settlement that we feel is unjust?" As an autistic, I'm aware I'm impulsive which is why I am always asking advice everywhere....cuz I don't trust myself. But I hear two things...cuz if an attorney says gambling is stupid then what's the point of trying at all? Never try, never fail. True...but never try means never win. So....what do you do?

  • @meganmikehecticlife1017
    @meganmikehecticlife1017 หลายเดือนก่อน

    I am I. The middle of a lawsuit with the plasma center I worked at and just signed a document for sexual harassment retaliation and discrimination I have a text message from a former manager and I was let go a month later after he was terminated they blamed the point system but I was treated differently after I spoke to my director about the situation my attorney has filled with the EEOC as of today this happened in June of 2024…. I know it was retaliation. My question is are my chances pretty decent to win this case considering it caused major depression and homelessness due to loss of income

  • @muggaphilly2072
    @muggaphilly2072 7 หลายเดือนก่อน +1

    Where are you located sir?

    • @JobAttorney
      @JobAttorney  7 หลายเดือนก่อน +1

      Our main office is in New York City, but we represent victims of workplace discrimination and sexual harassment in all 50 States.

  • @eugenedmiller1915
    @eugenedmiller1915 2 ปีที่แล้ว +2

    Salary discrimination when job don't follow union agreements

    • @AElsa-ve8sl
      @AElsa-ve8sl 3 หลายเดือนก่อน

      I had salary abd rank descrimination although we had a "union"

  • @sportfanatic5339
    @sportfanatic5339 2 ปีที่แล้ว +2

    What if you have a recording of your manager stating the reason they pulled you to do a specific task instead of a female is due to your gender? Especially when no BFOQ is relevant.

    • @JobAttorney
      @JobAttorney  2 ปีที่แล้ว +2

      If that specific task constitutes a negative workplace consequence for you then it's possible there would be a claim.

    • @sportfanatic5339
      @sportfanatic5339 2 ปีที่แล้ว

      @@JobAttorney can you please elaborate. Specifically on what you mean by negative workplace consequence. I live in Missouri.

    • @JobAttorney
      @JobAttorney  2 ปีที่แล้ว +2

      @@sportfanatic5339 Certainly, if it harms your career path, reduces your earning or significantly worsens the conditions of your employment then it could be a negative workplace consequence.

    • @sportfanatic5339
      @sportfanatic5339 2 ปีที่แล้ว +1

      @@JobAttorney oh I understand. Here’s an example. I received a medical accommodation that required me to only work 2 days a week. They issued me absence because I didn’t work the 3rd. I appealed the absence and it was upheld as an unscheduled absence.

  • @Bi6forte
    @Bi6forte 9 วันที่ผ่านมา

    Is there a way I can dm u I was sexually assaulted at work n was recorded an witness an he said he did it

  • @antoniohead909
    @antoniohead909 3 ปีที่แล้ว +1

    Thanks

    • @antoniohead909
      @antoniohead909 3 ปีที่แล้ว

      CAN THE FEDERAL JUDGE APPOINT COUNSEL FOR ME IF I ASK??? IN GA

  • @timothylucas3918
    @timothylucas3918 7 หลายเดือนก่อน

    how is harassment without intent a thing?

  • @lyladaisie
    @lyladaisie ปีที่แล้ว +2

    so i live in florida. i am 17 and a 25 year old consistently verbally and physically and suggestively acted in inappropriate ways. he groomed me from age 16-17 and coerced me to perform oral sex. how likely is my case to be prosecuted?

  • @wulfbasser1
    @wulfbasser1 ปีที่แล้ว

    Are you guys still talking clients?

  • @Kully_Hon
    @Kully_Hon 7 หลายเดือนก่อน

    Any alleged promises representation and or warranties made or relied upon to the parties to this agreement and/or any alleged unfair deceptive or (unconscionable) acts or practices shall at your or our election be resolved by neutral binding arbitration. Worded like that is the arbitration valid or void I thought unconscionable isn't allowed.

  • @phaephi
    @phaephi 2 ปีที่แล้ว +1

    What if my supervisor was harassing me finally he send a dick pic now that i have brought the evidence to HR he is fired , I am still working, Can I file a law suit specifically that this guy has done this many times before in the company

    • @JobAttorney
      @JobAttorney  2 ปีที่แล้ว +2

      Definitely worth running it by a local employment attorney, but the fact that they terminated him and did the right thing may lower your damages.

  • @HM-uj6ud
    @HM-uj6ud 6 หลายเดือนก่อน +1

    I hope you don’t argue cases as poorly as you make relevant content. What does all this whining have to do with the title of the video?

    • @LearnCompositionOnline
      @LearnCompositionOnline 4 หลายเดือนก่อน

      He is not whining, he is talking to adults

    • @shanecorreia
      @shanecorreia 2 หลายเดือนก่อน

      Sir, you have been rude, so since you bothered, it feel its ok to bother back, respectfully. Your comment didn’t add anything of value to this conversation. I am an attorney doing research on related law, and this professional’s content has been valuable in quickly being able to access actionable consult.
      If you were unable to find value from this content, perhaps more constructive feedback would benefit the community rather than starting off your comment with an insult which demonstrates a lack of creativity, reflected in the fact that you have created zero content on your TH-cam channel.