What are the immediate options available after sexual harassment?
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What are the immediate options available after sexual harassment?
My girlfriend works for peanuts at a restaurant. One of her managers has been texting her photos of him and inviting her to his place for about 2 months to no avail. Today was his last day and he grabbed her and tried to kiss her twice. What are her options? Can she go to management and ask for money? A raise? Severance pay? I know a lawsuit’s probably not an option because it’s his last day, so it won’t continue, but then again doesn’t she deserve something for the past 2 months? Anyway, a lawsuit is probably not worth it if it’s even possible.
Asked on October 4, 2011 under Employment Labor Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
She can *ask* for a raise or severance pay, but the restaurant doesn't have to give it to her. The only way to guaranteed receive compensation for the harassment would be to bring an employment harassment or discrimination lawsuit and win it, in which case the employer would have to provide whatever compensation was deemed to be appropriate. As you say, it may not be worthwhile doing so, though rather than guess at that, your girlfriend should consult with an employment law attorney--many will provide a free initial consultation, to evaluate a case (ask before speaking to the lawyer whether he or she does this). An experienced employment attorney can quickly evaluate the situation and let your girlfriend know whether it may be worthwhile suing. Good luck.
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