Posted: 7/12/2007 6:00:12 AM EDT
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This pertains to my post about leaving my employer. Post on Quitting... Per the contract, they can terminate me with 60 days notice--noting spelled out about my being able to leave, but due to the "automatic renewal" the boss is trying to hold on to me until they want to let me go..(which screws me for the much better position I have lined up). There are several reasons that the contract can be terminated for less than 60 days notice.. One of which is Sexual Harassment of Employees or Patients. So, my question (for anyone who knows & the ladies here)-- Would this constitute or possibly be construed as Sexual Harassment: There is a Calendar in the Dr's office area (on the back of the door--however, there are files and supplies in the office, so the office girls do go in there occasionally)...it is a "bikini" poster (1 girl/mo). Would violate BOTD regulations on here. (There's also a fair collection of "nudie" magazines in one of the office drawers...but it is in the Dr's desk, where the office girls don't usually go--now, when I started the Secretary (female) told me where they were. As far as I know, no one has complained. The reason I am asking: I was told by one of the former employees that the boss is likely to try to strong arm me into staying, and it wouldn't be unusual for him to file a suit, even knowing that he would likely lose (spending $10k to make me spend $5k to defend, because he knows the $5k would hurt me, and the $10k is nothing to him). If I can find a good, solid legal reason to depart, a lawsuit is a bit less likely, and, with the added bonus of Sexual Harassment in the picture...he might hesitate to sue (it would seem that he was condoning the harassment). Any thoughts? |
Where did I do that? Let me correct the misconception...being a Husband and a Father of TWO young Daughters...I am SIGNIFICANTLY offended by the Objectification of Women allowed at my Current Employer. I have not spoken up in the past for fear of losing my job. I am also not certain if any of the FEMALE employees are in a similar position. (better)? |
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Having some limited experience in contract administration, I will offer you the following free advice from a stranger you met on the internet who hasn't read the contract, met the parties, or fully grasps the context of the situation - 1) Your Doctor boss is a fucking asshole with a God Complex. 2) You got in over your head when you jumped in bed with him. 3) This is going to cost you money. 4) This will cause you aggravation. 5) He with the most resources, usually wins. 6) The time to review contracts is before you sign them. A good attorney will find you a way out to take the new job, but it'll cost you money. That is the cost / benefit /risk ratio you'll need to evaluate. Once you realize that it's going to cost you money, you're best off becoming more trouble than you are worth and hitting him in the pocketbook...first. Lawsuits, information leaks, propaganda campaigns, etc. Doesn't matter how spurious the accusations are, put the onus on him to have to prove something is un-true. Sounds like he has a weakness for the pie. Would be a shame if that extended to //cough//underage pie//cough//. He is licensed. There is a governing board. The governing board is obliged to investigate reports of misconduct. C'mon man...work the system! |
 He doesn't work that office (there are multiple offices)...not sure which other doctor (the magazines pre-date me, and the calendar went up after the first of the year) did it, but he is the head honcho. He is in the process of selling off several of the office locations. He wants me to stay through the "transition" period (may be 1 month, in which case I could probably delay the start at the new position a bit, but if it is more than that--I would lose the new position). I, barring minor delays, do intend to leave on the date I gave (1 month notice) but want my ducks in a row if/when it comes to a lawsuit. Thanks!! |
I have a call in to a local Lawyer Referral Service already...just waiting to hear back from them. Just want to get some thoughts, and it helps to spell out the frustrations here. AFARR |
I don't understand why you don't just quit.  As people pointed out in the other thread, indentured servitude and slavery went out of style quite a while ago. Unless you are in the military and there is time left in your commitment, I don't see the problem with just quitting. You boss cannot force you to work for him if you don't want to. I really don't understand what exactly your boss could SUE you for - what would his legal argument possibly be? That he owns you?  If there are penalties in your contract for leaving early, then I supposed you'd need an employment laywer to talk to, because whether such penalties would be legal is clearly a matter for a professional to determine,- but what you describe seems pretty clear to me. (Granted, I'm not an expert on this kind of stuff, but it sounds like you boss is bluffing). Plus, what you are specifically asking about couldn't possibly be sexual harassment. At most, it might be a very mild example of a "hostile work environment" - but from your description it doesn't really sound like it at all.  If you wanted to try it, I guess it all depends on whether your boss is a clever manipulator, trying to trick you, or an agressive dumbass who honestly believes that his "contract" means that you are somehow his property. Good luck. |
There are no specific penalties in the contract (other than for violations of the non-compete clause). As has been said before, anyone can sue for any reason...maybe not win, but you can sue. I am more concerned about him just trying to sue to cause hassles for me (despite it being an out of pocket expense for him). If I can find sufficient reason(s) now to resign (not just quit out of hand, but have something documented), it might help later if he decides to sue--gets it dismissed immediately rather than needing a lengthy (expensive) defense. Yes, I was told by former and current (also looking outside) employees that he will try to strong-arm me to keep me until it is convenient for HIM to let me go. I do intend to take off on the date in my letter, unless a lawyer tells me I cannot (not my boss). AFARR |
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that sexual harassment gets a D at best. My friend's coworkers just had a SH suit brought against them because one of them picked up the shopgirl by the ankles while she was wearing a skirt and four of them walked by while she was upside down and smacked her on the ass. Now THAT is quality sexual harassment... and assault, id think. Needless to say, she got a nice payout and went to work elsewhere. ETA: maybe you could get someone to do that to you?
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mags then ask the secretary "hey! who put these here?" 
and hint that the boss is secretly 
Oh crap... I laughed out loud on that one. I am so going to hell... Anyway, if there is nothing spelled out in the contract about your leaving, then you may may be good to go. I would read the contract very carefully, however, to make sure that you really are not bound to the contract length without penalties. |
sounds like that new job isnt worth that much to you. Just end every sentence you say to each other with sugar or darling, and you'll jobless in no time. AND if you want to take it an extra step, if you get fired you can sue for discrimination YOU: your honor, he fired me for being gay! JUDGE: wait... you're gay? YOU: well no, but he thought i was and fired me for it. |
yeh apparently this girl caught a lot of flack around there (though to be fair, she was the only woman working at a body shop.) They had apparently also named the frame machine after her. when she asked why, they told her "because you get our parts all straightened out, too." |