Anyone have experience with filing workplace harassment/ hostile environment suit?

[malkin]

I'm pulling my documentation together.
Yuck.

Info, experience, advice, sympathy all welcome.

[Kiwi Stoker]

Have you talked to a lawyer yet? You might have to bite the bullet and pay for 1 hour of their time for them to evaluate it.

I went to a lawyer about a wrongful dismissal case. He was very honest with me. Forget about getting your job back and don't expect much money as his fee will take most of it. Also wasn't a hugely strong case.

My advice, just becareful about how much money you end up chucking at something. Yes, a company needs to learn lessons but sometimes it might not be worth it for yourself ( stress, your name publicised, cost at the end etc.)

Good luck!

[shootingstar]

+1 with kiwi.

I did pay a lawyer who did give me good advice. People want justice..you must be willing pay a certain of money up front to even start the process.

Try to request in writing for a good reference letter, malkin if this means you are leaving your organization or that dept.

[OakLeaf]

Many years ago I worked for a civil rights law firm. They did their work on contingency. I think any reputable firm does. Still, there will be substantial expenses up front for costs. And you should be prepared for a retaliatory firing and at minimum an escalation in the harassment - although that too is compensable if you can prove it, companies like to fight a war of attrition whenever possible.

Your lawyer has probably explained the whole procedure - you're required to file the EEOC claim before suing, but they very rarely act, so things will have drug out for months before they can even get properly started.

I think Kiwi is right, sadly - for most people, pursuing any employment claim is an act of altruism. I assume you're already looking for other work. Can you afford what you want to take on for the sake of other people (present and future) in the firm? Do be sure to hire a law firm that specializes in civil rights. Like most fields of law, it can be pretty technical.

Much sympathy. Not a lot of advice.

[malkin]

The problem is that I like my job at least some of the time and probably most of the time. I like most of the people I work with. There is just this one situation--I thought it was better when the problem resigned--but she's back- the gift that keeps on giving.

I wrote my supervisor a note, sort of a list. I believe she's already aware of the situation, but probably not aware that I believe it rises to the level of hostile environment. Well, she is now anyway.

We'll see. I can't find some of my documentation regarding "the gift that keeps on giving" so I may need to start that over. Or look harder through my old email.
And I'm working on focusing on good things, good people, good thoughts.

Thanks everyone.

[shootingstar]

The problem is that I like my job at least some of the time and probably most of the time.

+1 same here. Not in a hostile environment --even though today my boss was loudly opining to 4 other people about how awful that our city has made it a policy, starting this year, to snow clear 10 kms. or 1% of bike lanes /roads for bikes in this city. It was vicious wording ....from 40 ft. away. I noticed that she avoided saying hello to me for about an hr. after her rant.

Sadly the work environment could be more peaceful if she wasn't also chatting loudly about non-work stuff with others for over 2 hrs. In the end, it's too bad she needs frequent verification/support for her opinions.

And should I protest her? She hired me...from another province.

Ah well, that is life. Could be worse. Alot worse.

[redrhodie]

Ugh, malkin. A big hug to you.

[indysteel]

Just remember that "hostile work environment" is a term of art under federal law. To be actionable, the conduct has to relate to a protected class, e.g., race, gender, religion, age, and be directed at a member if that class by virtue of that membership. Mere incivility is not sufficient. It must be pervasive, and it must interfere or be intended to interfere with the victim's ability to perform his or her job. I'm obviously summarizing these requirements for purposes of this discussion. But, again, I want to emphasize that merely working with or for a rude, volatile, or hostile person does not give rise to a hostile work environment claim. Not to imply anything one way or another with your situation, malkin. I just thought it was worth clarifying.

[malkin]

Yah--I was pretty dubious when someone first suggested 'hostile environment', but I think the situation really may rise to meet the definition.