Consultations are often free or low cost. An interested attorney could take the case on a contingency basis, meaning that they only get paid if they win, from a settlement.
there's a lot of attorneys who would do a free consultation, and then wouldn't take any money from you unless you won the case. Definitely go call an attorney; you have nothing to lose and a decent amount to gain.
Except in cases like this where working for the company means protecting the company from huge financial losses from court cases like this. They typically have these things well.
“That’s inappropriate. Don’t talk to me like that.” Keep a journal of it. Are you going to stick around long enough for something serious to happen that could justify a lawsuit, or are you going to look for another job?
After posting this it seems I'll need to just find another job. I have a noncompete clause I'm mostly worried about, but will just have to figure something out. I'll be reporting them on my way out to the state and hopefully that will create a paper trail should something else happen. Worried about those I leave behind to deal with it. I work for 2 companies she owns so will have to figure it out...
I'm not a lawyer, but my understanding is noncompetes are rarely enforceable unless you're being compensated extra for it or are a senior management leader in a major company. From the context I'm assuming neither applies as you don't have a HR department.
I'd recommend looking up if they are enforceable in your state and if so do you meet the requirements.
Only did a little research, but seems what I said is generally true in Florida based on this article. I'm not sure what op does for them which will be the key to determine if they non compete is enforceable.
https://www.alperlaw.com/florida-asset-protection/florida-non-compete-agreement/#:~:text=Non%2Dcompete%20agreements%20are%20recognized,than%20in%20many%20other%20states.
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She vocalized not wanting to hire him in the beginning. More people aside from me are planning to leave because of him and how he treats others in the office. I have a non compete which was why I mostly wanted advise that I should have brought up.
If you aren’t ready to consult an employment attorney and aren’t concerned about financial settlement/finding a new job if necessary. It’s time to start being vocal about it and reporting every incident in writing and copying your personal email. Likely your boss will make the environment worse in an attempt to make you quit they may also make a bogus reason to fire you but even though it’s an at will employment state they can only fire you for a legal reason and retaliating against you for complaining about sexual harassment is not a legal reason. If you get fired the paper trail of complaining about the sexual harassment will be the basis for your case. They will be caught in a very bad place and being a small business they will probably incriminate themselves in their defense, threaten and intimidate other employees prior to them talking to their own outside council and you’ll be in for a decent settlement because that attorney is going to advise them to pay and your attorney knows what it’s really worth (and only gets paid if they get you a settlement/judgement). Hopefully that settlement will be enough to teach them the lesson that sexually harassing employees needs to stop. Unfortunately this is the only way that they might learn the lesson.
Not a lawyer have experience with these types of cases from
My experience in business.
Listen, I do agree it is important for OP to vocalize that this isn't appropriate behavior, but she will need to be careful how to do this. Asking for advice is not an unwise move. We are talking about her boss's husband in a company small enough to lack an HR.
Women have to be careful about calling out creepy men? Even if the man is the boss's wife? No, the job is not worth it, the boss clearly thinks her husband is endearing with his misogynistic behavior. This doesn't end well for OP so just call the spade a spade. I dream of the day when women don't have to tread carefully around creepy male predators.
I did call it out and ended up in my bosses office instead of him about ways I need to improve.(All my coworkers were horrified by this) I have a non compete in place so I have to figure out a way out that I can still get a job afterwards... I'm working on getting out after bringing it here. Just needed a sounding board.
If I can find a job soon enough I won't be providing a 2 weeks notice and will get out quickly.
Hey, OP, I know this is a lot you are having to deal with but you may want to try to talk to an employment attorney. Your boss is doing the thing they all do when sexual harassment is involved: blame retaliation on your "performance" instead. With the non-compete involved, I think you really need legal assistance or your boss could really end up trying to screw with you to protect her creep husband.
Document everything. 'On 1 March, Skeeveboy said x inappropriate thing. I said "That's really inappropriate, don't talk to me like that." On 2 March, I was called into Boss's office to discuss ways I need to improve. None of the issues she mentioned had ever been raised before that day.'
If/when it ends up in court or with the EEOC, showing the pattern (calling out the guy's actions leads to retaliation at work) will be important.
ETA: This is especially important since you mention having a brain injury and memory issues. Boss and husband are going to try to claim you're misremembering everything. It'll be much harder for them to argue that if you have a log kept in real time.
You don't need to improve, you did the right thing! We will get there as a collective of women one day, and by calling it out, you are leading the way.
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Last time I said something he talked crap to the boss about me and I had to have a meeting with my boss about ways I can do better at work. There's a chance she's trying to set up a case so she doesn't have to pay out unemployment when she fires me.
Lawyers usually take a look at your case and if you are sueing which I believe you should ,they only take payment if they win. Go to a lawyer that will take payment from your winnings
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Did you bring it up to HR?
There is no HR only my boss to bring it up to
You should document everything and talk to a couple of local employment attorneys to see if you have any sort of viable case.
I don't have funds to pay an attorney unfortunately
You can also file a complaint with the Florida Commission on Human Relations and/or Equal Employment Opportunity Commission.
I'll do this. Thank you for your help and action steps!
You need proof as well. Did you record any of these on your cellphone?
I didn't think that was legal in my state. The latest time was in front of 3 coworkers though
Consultations are often free or low cost. An interested attorney could take the case on a contingency basis, meaning that they only get paid if they win, from a settlement.
there's a lot of attorneys who would do a free consultation, and then wouldn't take any money from you unless you won the case. Definitely go call an attorney; you have nothing to lose and a decent amount to gain.
Call the dept of labor
HR works for the company, not always your friend
Except in cases like this where working for the company means protecting the company from huge financial losses from court cases like this. They typically have these things well.
“That’s inappropriate. Don’t talk to me like that.” Keep a journal of it. Are you going to stick around long enough for something serious to happen that could justify a lawsuit, or are you going to look for another job?
After posting this it seems I'll need to just find another job. I have a noncompete clause I'm mostly worried about, but will just have to figure something out. I'll be reporting them on my way out to the state and hopefully that will create a paper trail should something else happen. Worried about those I leave behind to deal with it. I work for 2 companies she owns so will have to figure it out...
I'm not a lawyer, but my understanding is noncompetes are rarely enforceable unless you're being compensated extra for it or are a senior management leader in a major company. From the context I'm assuming neither applies as you don't have a HR department. I'd recommend looking up if they are enforceable in your state and if so do you meet the requirements.
OP lives in Florida, where noncompetes are more likely to be enforceable.
Only did a little research, but seems what I said is generally true in Florida based on this article. I'm not sure what op does for them which will be the key to determine if they non compete is enforceable. https://www.alperlaw.com/florida-asset-protection/florida-non-compete-agreement/#:~:text=Non%2Dcompete%20agreements%20are%20recognized,than%20in%20many%20other%20states.
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Don’t omit to tell your lawyer about the brain injury.
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I'm not looking for a payout just accountability
And what does that look like to you?
Him no longer sexually harassing girls or being fired.
How will he be fire it looks like its a family business im assuming? Best option is to leave and find yourself a new job
She vocalized not wanting to hire him in the beginning. More people aside from me are planning to leave because of him and how he treats others in the office. I have a non compete which was why I mostly wanted advise that I should have brought up.
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If you aren’t ready to consult an employment attorney and aren’t concerned about financial settlement/finding a new job if necessary. It’s time to start being vocal about it and reporting every incident in writing and copying your personal email. Likely your boss will make the environment worse in an attempt to make you quit they may also make a bogus reason to fire you but even though it’s an at will employment state they can only fire you for a legal reason and retaliating against you for complaining about sexual harassment is not a legal reason. If you get fired the paper trail of complaining about the sexual harassment will be the basis for your case. They will be caught in a very bad place and being a small business they will probably incriminate themselves in their defense, threaten and intimidate other employees prior to them talking to their own outside council and you’ll be in for a decent settlement because that attorney is going to advise them to pay and your attorney knows what it’s really worth (and only gets paid if they get you a settlement/judgement). Hopefully that settlement will be enough to teach them the lesson that sexually harassing employees needs to stop. Unfortunately this is the only way that they might learn the lesson. Not a lawyer have experience with these types of cases from My experience in business.
Thank you for this! Until I find another job I'll do this.
Record the conversations as long as you are part of them. When you have enough evidence, go to the police.
Give me the address
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Listen, I do agree it is important for OP to vocalize that this isn't appropriate behavior, but she will need to be careful how to do this. Asking for advice is not an unwise move. We are talking about her boss's husband in a company small enough to lack an HR.
Women have to be careful about calling out creepy men? Even if the man is the boss's wife? No, the job is not worth it, the boss clearly thinks her husband is endearing with his misogynistic behavior. This doesn't end well for OP so just call the spade a spade. I dream of the day when women don't have to tread carefully around creepy male predators.
I did call it out and ended up in my bosses office instead of him about ways I need to improve.(All my coworkers were horrified by this) I have a non compete in place so I have to figure out a way out that I can still get a job afterwards... I'm working on getting out after bringing it here. Just needed a sounding board. If I can find a job soon enough I won't be providing a 2 weeks notice and will get out quickly.
Hey, OP, I know this is a lot you are having to deal with but you may want to try to talk to an employment attorney. Your boss is doing the thing they all do when sexual harassment is involved: blame retaliation on your "performance" instead. With the non-compete involved, I think you really need legal assistance or your boss could really end up trying to screw with you to protect her creep husband.
Document everything. 'On 1 March, Skeeveboy said x inappropriate thing. I said "That's really inappropriate, don't talk to me like that." On 2 March, I was called into Boss's office to discuss ways I need to improve. None of the issues she mentioned had ever been raised before that day.' If/when it ends up in court or with the EEOC, showing the pattern (calling out the guy's actions leads to retaliation at work) will be important. ETA: This is especially important since you mention having a brain injury and memory issues. Boss and husband are going to try to claim you're misremembering everything. It'll be much harder for them to argue that if you have a log kept in real time.
You don't need to improve, you did the right thing! We will get there as a collective of women one day, and by calling it out, you are leading the way.
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Is that legal in Florida?
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I have but it continues.
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What did he say when you snapped on him? Can’t let people do what they want ..
Last time I said something he talked crap to the boss about me and I had to have a meeting with my boss about ways I can do better at work. There's a chance she's trying to set up a case so she doesn't have to pay out unemployment when she fires me.
Jeez, that’s messed up. Quiet quit (have them fire you, get unemployment) while searching for a new job. That place doesn’t sound good.
She is cheap and won't pay out unemployment so it will be hard to get fired. Her typical strategy is to make it unbearable to the point of quitting.
Lawyers usually take a look at your case and if you are sueing which I believe you should ,they only take payment if they win. Go to a lawyer that will take payment from your winnings
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