(1) Please produce a copy of the record of the victim. If any documents composing a portion of this information have already been produced, please identify such documents.

(2) Has the complaining witness, or any other person ever requested a copy of his/her record relating to employment with you? If the answer is ”yes,” please state:

(a) Date upon which request was received;

(b) Whether a copy of the file was provided, and if so, the date of production, the manner in which the copy was provided, and identification of documents provided;

(c) Whether any material was added to the file following receipt of Plaintiff’s request; and

(d) Whether any material was deleted from her information following receipt of our request.

(3) Do you admit that you received a letter requesting our client’s personnel record on or about [date]? If your answer is no, please state when you first received a written request for personnel record.

(4) Do you admit that on 2030, John Doe, provided a copy of our client’s file to you?

(5) Are any documents included in our client’s record that were not produced by you.

(6) Did any of her supervisors or any other employee of yours keep an ”unofficial” file on our client, including documents that are not contained in the official personnel record? If your answer is ”yes,” please identify who kept such a file and produce copies of documents contained in each such ”unofficial” personnel file.

(7) Do you have any documents relating to the hiring of our client? If your answer is ”yes,” please produce copies of all such documents.

(8) Was an exit interview conducted with our client? If your answer is ”yes,” please identify who conducted the interview.

(9) Were any documents generated that relate to any exit interview or other conversation with Jane Doe after her termination of employment was announced? If your answer is ”yes,” please produce copies of all such documents.

The Bell Group [http://www.jsblaw.net] has trial lawyers who can help if you or a loved one has been injured at the hands of another party. we also have a qualified Dallas business attorney [http://www.dallasbusinessattorney.net] who can help.

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Another day, another news story about a sexual harassment lawsuit against an auto dealer. This time it’s the general manager and the GSM versus the receptionist. Allegedly, they were snapping her bra, whacking her backside with a back scratcher, hounding her with come-ons, and sending her inappropriate text messages among other things. According to the suit, the abuse became so bad that the receptionist quit her job after only 6 weeks.

If any of this is surprising to you, simply Google “auto dealer harassment” to get an idea of how common these types of lawsuits are in our industry. You will find many cases of not only sexual harassment, but also racial harassment, age discrimination, etc. The amounts of fines and damages that dealers have been assessed are eye-popping.

In a statement about another case against a dealership, U.S. Equal Employment Opportunity Commission (EEOC) regional attorney John Hendrickson said that it was “amazing that at a time when the auto industry is struggling for survival and women exercise so much influence in the marketplace that anyone would in engage in sexual harassment or show contempt for female customers.”

EEOC Acting Chairman Stuart J. Ishimaru also said in a statement that “sexual harassment and sex discrimination against women in traditionally male-dominated industries, such as the auto industry, are still unfortunate realities.”

Harassing conduct is sometimes so commonplace that we often don’t recognize the behavior as being inappropriate. Many people who have been around auto dealerships for any length of time may not be very surprised that this type of behavior exists, while others may feel that these are mostly frivolous lawsuits designed to extort money from dealers. Perhaps the accused were “just kidding around” and meant no harm?

No matter what, the dealer loses. Any lawsuit is a bad lawsuit. Besides the cost of defending these claims, there will likely be immeasurable damage to a company’s reputation. What owner wants the public to be exposed to media stories accusing their dealership of employing harassers or racists?

To help avoid these types of claims, dealership employees should be trained in harassment prevention. Staff members (especially supervisors) need to understand that it is simply not okay to snap bras, whack backsides or use derogatory nicknames in today’s world, no matter what the intention. As far as the law is concerned, harassment depends on how the conduct was received, not on the intent.

Some states, such as California, require harassment prevention training for supervisors. That’s great, but what about the non-supervisory employees? There is often a great of down-time at a dealership, and employees may get bored and tend to “goof around”. Is it harmless horseplay or perhaps behavior that crosses the line? Are supervisors able to monitor their subordinates’ behavior at all times? Are supervisors setting a proper example (bra-snapping)?

Most companies have an anti-harassment policy that all employees must sign, although I would venture to guess that the majority of people don’t read it or understand it. Having a policy in place and hanging posters is simply not enough protection for a dealership. Once again, All Dealership Employees Should Be Trained In Harassment Prevention.

Perhaps then the media, the EEOC and employees looking for an easy target to sue, can go pick on somebody else.

For information on convenient and affordable harassment training programs, use this link: http://www.dealercomplianceconsultants.com/hartrain.html

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An administrative complaint must be filed with the California Department of Fair Employment and Housing (DFEH) within ONE YEAR from the date of the last incident of sexual harassment, although this period may be extended up to 90 days if the alleged victim first obtained knowledge of the facts of the harassment after expiration of the one year period from the date of the occurrence (Cal. Gov. Code Section 12960).

After filing a complaint with the California DFEH, in order to protect a victim’s right to sue in Federal Court, the victim has 300 days from the date of the last incident of harassment, or 30 days after receiving a notice of case closure from the DFEH, whichever is earlier, to file a charge of discrimination with the EEOC (Title VII of the Federal Civil Rights Act of 1964, 42 U.S.C. Section 2000e-5 (e) (1)).

However, a victim of sexual harassment in California has only 180 days from the date of the last incident of harassment to file a charge of discrimination with the EEOC to protect their Federal right to sue if they do not file a complaint with the California DFEH (Title VII of the Federal Civil Rights Act of 1964, 42 U.S.C. Section 2000e-5 (e) (1)).

After a claimant files an administrative complaint with the DFEH and/or the EEOC, and after the claimant gets a right to sue letter, then the claimant must file a private civil lawsuit within the time specified in the right to sue letter, which is within one year of the date of a right to sue letter from the DFEH, or within 90 days of the date of a right to sue letter from the EEOC.

If an administrative claim to the DFEH or the EEOC is not filed within the time period provided by the applicable statute of limitations, then the case is subject to being forever barred by the courts. If a sexual harassment victim does not file an administrative complaint within the required amount of time, then that victim will not be able to move forward with a lawsuit.

Timing can be crucial when filing a sexual harassment lawsuit. It is important that victims of sexual harassment know that there is a time period or statute of limitations in which they must file a complaint with the DFEH or the EEOC. A common mistake of sexual harassment victims is to wait too long to contact an attorney. This can result in a missed opportunity to file a complaint and a lawsuit.

For more information about Sexual Harassment Law in California, please visit our website at http://www.sexualharasslaw.com/ or visit our blog at http://www.californiasexualharassmentlawblog.com

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Sexual harassment is a form of sex discrimination under Title VII of the Civil Rights Act of 1964. Therefore, if you are a victim of sexual harassment in the workplace, you may be entitled to legal compensation. But, before you head to the courthouse, there are several steps you should take to preserve your rights and to build the best case possible.

Let the harasser know that the sexual conduct is unwelcome. Sexual conduct in the workplace does not constitute harassment unless it is unwelcome. Directly inform the harasser that his or her conduct is unwelcome, and that you want it stop immediately. If at all possible, do this in writing and keep a copy.

Create a timeline of events. Write down every instance of harassment, complete with date, time and a detailed description of what happened. A detailed record will be invaluable if legal action becomes necessary. It should go without saying but, do not store this record at the workplace.

Follow your employer’s grievance procedure for reporting sexual harassment. One of the number one defenses employers use in sexual harassment cases is that the victim failed to follow the proper procedure for reporting the harassment. Therefore, if there is a sexual harassment grievance procedure in place, follow it. If there is no formal procedure, do not keep silent. Bring your complaint to human resources or, follow the proper chain of command. Make your complaints in writing and keep copies for your records.

Allow your employer a reasonable opportunity to address your complaint. Being a victim of workplace sexual harassment does not automatically grant you the right to sue. You must give your employer a reasonable opportunity to address and rectify the situation.

File a charge of discrimination with the Equal Employment Opportunity Commission. If you have made a complaint to your employer but no appropriate action was taken, contact the Equal Employment Opportunity Commission and file a charge of discrimination. In most cases, a charge of discrimination must be filed within 180 days of the last discriminatory act. Therefore, do not delay in filing a charge. If you do, you may lose your right to file suit.

Contact an attorney. After filing your charge of discrimination, contact an attorney who specializes in employment law. Note, however, that you cannot file suit pursuant to Title VII until the Equal Employment Opportunity Commission concludes its investigation and issues you a Notice of Right to Sue. Nevertheless, you should not hesitate in contacting an attorney, as there may be other claims available to you that you are unaware of.

LaTosha R. Barnes is the owner of The Law Office of L. R. Barnes, PLLC in Durham, North Carolina. Barnes specializes in employment law, social security disability and civil litigation. For more information about North Carolina employment law and The Law Office of L. R. Barnes, please visit the office website.

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Perhaps you’ve been subjected to sexual harassment in the workplace and would like to provide some tips to the individual engaging in such behavior. If so, you may wish to share the following with them: (1) do not make the mistake of treating individuals in the manner that you think they wish to be treated, but treat them in the manner they wish to be treated; (2) expend some effort to determine whether the other individual is actually participating and occasionally, at least, initiating the interaction between the two of you; and (3) always beware of the need to maintain the other individual’s space, recognizing that you must first obtain their permission prior to invading that space.

Avoid touching individuals and/or standing too close to them without first asking whether they feel comfortable when you’re doing so. It is unlikely that such conduct would be appropriate unless you and the other individual are close friends prior to engaging in such conduct. Any of these activities may serve as an appropriate basis for litigation against the employer, and are very likely to be situations for which you would qualify for a lawsuit loan.

It is important to keep in mind that relationships will change over time. Simply because behavior may have been appropriate in the past does not mean that conduct is appropriate at the present time. This is oftentimes simply a matter of the way in which the relationship has changed with time. If you are uncertain, you should always ask the other individual that such conduct is appropriate at the time in which he engage therein.

For those in managerial positions, you are advised to act in a prudent fashion. Individuals in such positions should limit compliments to employees’ performance in the workplace, rather than employees’ personal appearance. Additionally, it would be a rare instance in which it would be appropriate for an individual in a managerial position to comment on other employees’ attire. You may qualify for a lawsuit loan to pursue an action against the employer due to a doctrine in law that makes the employee or, in many instances, liable for its employees’ conduct.

A lawsuit loan it may be just what you need to cover your expenses while pursuing litigation against an employer in an effort to stop such abusive behavior in the workplace!

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Legal Settlement Loans is the premier settlement lawsuit loan educational resource. We provide all the needed information to someone looking to get a lawsuit loan during their pending lawsuit. Visit us today to educate yourself further on lawsuitloans and how to find the proper provider. Apply for your lawsuit loan today!

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If you’re an individual who feels as though he or she is subjected to sexual harassment in the workplace, this article is for you. The information is designed to assist you in making a determination as to whether you have been subjected to sexual harassment and, if so, the appropriate steps for you to follow. It also provides information that will assist you in obtaining a lawsuit loan.

The first step you should take is to identify whether the conduct about which you are concerned actually constitutes harassment. The Equal Employment Opportunity Commission states that unwelcome sexual advances, requests for sexual favors or any conduct of a sexual nature is morally wrong, unethical and unacceptable in the workplace. This is the first step in obtaining a lawsuit loan to assist you in pursuing a claim against the harasser.

If an employee either submits to or rejects such advances, these actions cannot be used against the employee as a basis on which employment decisions are made. Additionally, such advances should neither be used to intimidate nor subject the employee to a hostile/offensive work environment. It is irrelevant whether the conduct was intentional. In either instance, you may qualify for a lawsuit loan.

There are two types of sexual harassment. “Quid pro quo” harassment involves something given in exchange for something else. A “hostile work environment” is the second type of sexual harassment that may be found in the workplace.

Quid pro quo harassment occurs when a basis for employment decisions affecting an employee includes either submission and to or rejection of conduct constituting sexual harassment. This form of harassment occurs when a supervisor, manager, or someone else who’s in a position to influence employment decisions, utilizes the employee’s submission or rejection as a criterion in assessing the employee’s performance.

In a hostile environment, sexual harassment occurs in the workplace for the purpose or effect of interfering with an employee’s work performance. It may also simply mean that the work environment is intimidating or offensive to a specific employee. It is sad to note that employees often feel as though they cannot afford to pursue an action against the harasser, merely quietly tolerating the egregious conduct. You may find that a lawsuit loan puts the power in your hands.

If the harasser intends to create a hostile environment and is successful in doing so, the conduct in which the harasser engages violates the Title VII. Significantly, even if the harasser did not intend to create a hostile work environment, the conduct still may constitute a violation of Title VII.

In our next article, we will discuss ways in which to address the issue of sexual harassment in the workplace. If you think that a lawsuit loan could keep you from hopelessly accepting the harasser’s conduct, you are encouraged to investigate this option without further delay!

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At present, there are lots of sexual harassment victims who never come forward and report this crime. Many states have special rules for lawsuits brought by adults who suffered sexual abuse as a child. Sometimes, state laws extend the time period during which an adult can bring such a lawsuit. This is popularly known as statute of limitations. It is often difficult to win such cases, as any evidence of the incident/s and damages has faded during the time the child is growing up.

Sexual abuse is a term used when an unlawful sexual contact or other kinds of sex-related impropriety happens between a child and an adult, or a young child and a much older child. When your child has been sexually abused, you can bring a civil lawsuit against the abuser and report the behavior as a crime. While a child is still a minor, the child’s parent or guardian must bring a lawsuit on the child’s behalf. After a child becomes an adult, the adult child may bring the lawsuit.

Some of the possible reasons for these cases include the grooming techniques an offender uses to make the victim feel as if he or she was an active participant in the abuse itself; the victim of sexual abuse may be very aware that people may doubt his/her disclosure, their character, their choices, and because of this perception, they may not disclose.

Investigators, juries, judges, prosecutors and everyone else must understand that rape victims, immediately following the assault, may not react with all of their normal faculties. When someone suffers a traumatic event, it may take a while for your head to clear and your heart rate to return to normal.

Child abuse laws in most states require the people who know the incident to report the abuse to authorities. Teachers, doctors and police are usually required by law to report evidence of child abuse. A person violating these laws and failing to report the sexual abuse of a child may also be liable to the child for the injuries suffered by the child.

Many victims of sexual abuse do fully recover. This is not to suggest that they ever forget about what occurred, because they do not. However, they can, with the help of family, friends, and professionals, go on with their lives and be happy again. And, it is very important that when a victim of sexual abuse comes forth and reports the crime to family, friends, law enforcement, and others, that he or she be listened to in the sincerest fashion possible.

For your questions and suggestions and for more information regarding this article, log-on to http://www.personalinjurylawyerinc.com

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No-Risk Lawsuit Funding for Employment Discrimination Lawsuit Plaintiffs.

Employment discrimination lawsuit cash loan or settlement advance funding is a non-recourse cash loan provided to a plaintiff involved in an employment discrimination or workplace harassment lawsuit even before his/her lawsuit is settled or resolved.

Most of plaintiffs involved in employment discrimination or workplace harassment litigation or lawsuit do not realize that they can get lawsuit cash advance loan or settlement funding before their case settles. It is a contingent transaction in which cash loan is advanced based solely on the merits of a pending employment discrimination lawsuit. Lawsuit loan is paid back only upon successful verdict or settlement of the lawsuit. If the employment discrimination or workplace harassment lawsuit plaintiff loses case, the loan is never paid back to the lawsuit loan funding company.

What is Employment Discrimination?

In our country U.S., employment discrimination occurs whenever an employer or its representatives adversely single out employees or applicants on the basis of age, race, gender, sexual orientation, disability, religion and a variety of other reasons.

According to the U.S. Equal Employment Opportunity Commission (EEOC), employers can not discriminate against you in any aspect of employment, such as:

Hiring and firing Compensation, assignment, or classification of employees Transfer, promotion, layoff, or recall Job advertisements Recruitment Testing Use of company facilities Training and apprenticeship programs Fringe benefits Pay, retirement plans, and disability leave

The EEOC reported that it received 82,792 job-bias charges from private-sector employment in fiscal year 2007, the highest number since 2002 and the largest annual increase (9%) since the early 1990s. The most notable increases were for race (12%), retaliation (18%), age (15%) and disability (14%) discrimination.

If an employee experience employment discrimination or workplace harassment then he/she has the right to go for a legal resolve by means of employment discrimination lawsuit or claim. Depending on the kind of discrimination, the lawsuit will be called as followings:

1. Age Discrimination Lawsuit, 2. Racial Discrimination Lawsuit, 3. Sexual Harassment or Discrimination Lawsuit, 4. Gender or Sex Discrimination Lawsuit, 5. Sexual Orientation Discrimination Lawsuit, 6. Disability Discrimination Lawsuit, 7. Religious Discrimination Lawsuit, 8. Pregnancy Discrimination Lawsuit, 9. Workplace Harassment Lawsuit etc.

David vs. Goliath:

Mostly the legal battle between employment discrimination client plaintiffs and defendants is like a clash between David vs. Goliath. Workplace Harassment lawsuit cases are very complex to handle and to resolve and if it is against a major corporation their attorneys will be able to delay lawsuit judgment for years. Even if, law is on your side, deep-pocket defendants can buy time with legal ploys and delays, and maneuver to frustrate the plaintiffs. They exploit the cumbersome process of law.

You will agree that justice delayed is justice denied.

Most of the victims of employment discrimination may have lost their jobs. The plaintiff/victim has trouble paying his/her mortgage, rent, car payments, or other living expenses; while waiting for the settlement of the lawsuit. Many of them may be one or two payments away from foreclosures. They need cash money now.

How Employment Discrimination Lawsuit Loan or Settlement Advance Funding Helps?

Employment discrimination lawsuit settlement advance funding provides plaintiff, the cash loan so that their attorneys have more time to negotiate the best possible lawsuit settlement for their pending employment lawsuit or legal claim. By offering appropriate lawsuit cash funding or settlement loans, a reputed lawsuit funding company enable the plaintiffs to resist financial pressure to take the first low ball offer made by defendants attorneys.

Once the plaintiffs involved in employment discrimination litigation dispute get interim lawsuit funding or loan, it can be used to cover credit card debt, mortgage payments, medical bills and other living expenses. By helping plaintiff client through a difficult period, lawsuit loan funding company also give the extra time to negotiate a larger settlement.

The practical value of available cash money is at maximum, when you are in financial distress.

Employment discrimination litigation process usually causes intense financial stress and mental anxiety under the best of circumstances. It can cause lot of financial strain from lost or reduced salary or wages or tapping into cash reserves. But employment lawsuit settlement loan or funding will ease or alleviate the pressure and will make it a less tedious process. The cash advance available from a lawsuit loan will make it easier or less difficult and will contribute financial strength to reduce the economic anxiety and financial problems.

An employment discrimination or workplace harassment lawsuit cash loan or settlement advance funding allows you to leverage the expected settlement from your case to obtain the cash you need now. Lawsuit cash funding or loan eliminate the need to accept a minimal settlement amount due to personal financial pressures, and get the fair and just settlements the plaintiffs deserve.

About the Author:
Paul Sherman, The Lawsuit Money Man, is a Legal Funding Consultant. He offers free, professional, and independent advice to plaintiffs involved in employment discrimination or workplace harassment lawsuits, workers compensation claims, any type of lawsuits & attorneys to obtain Lawsuit loans. To apply for any type of Lawsuit loan funding, Workers Compensation claim funding, please visit: http://www.easylawsuitfunding.com

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Even if you or your company is not guilty, it might turn out to be a hard task to defend yourself in lawsuit especially when your employee has filed a case on the basis of discrimination. Apart from the huge dent to your finances, these claims can harm your reputation to a great extent as well. With the number of discrimination cases on the rise, it has become extremely important to establish clear policies in your company and communicate the same to all your employees. Policies related to hiring, promotions, job roles, working conditions and termination should be detailed in a handbook so your employees can refer to them when they need. A business operations manual could be the ideal document to contain all these details so it details the rights of the employees and also explains how the company would terminate employees who do not perform or show disciplinary problems at workplace.

Its does not help to have a detailed document which talks about the companies actions against irresponsible employees alone, you need to ensure that your employees have read it as well. You could even have them sign a document stating that they have read and understood the terms and conditions of their employment. Employee reviews with a focus on the various points detailed in the handbook are also a great means to ensure that they are constantly updated. Also, you need to be truthful when you are terminating an employee on certain grounds. If you have to fire someone due to business reasons (lack of finance), do not attempt to fire him or her on the grounds of misconduct or performance as they can file a lawsuit for such reasons easily and might ask you for evidence for the same as well.

Most importantly, you should ensure that you do not fire anyone on the basis of sex, race, national origin, age, disability or religion even. It helps to use employee review sessions to let employees discuss concerns they have at the workplace. Also, a comprehensive anti-discrimination policy will provide much needed relief to employees. If you find any employee violating the policy, ensure that s/he is held responsible and punished for the behavior.

Dealing with Discrimination Lawsuits

Most often, lawsuits are an expensive affair. Also, most of the time you might not be aware of the various legal claims, in such cases it helps to consult a discrimination defense attorney to ensure that you deal with the lawsuit effectively and also prevent harm to your company’s reputation.

Mays and Kerr LLC
404.527.6231

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The Supreme Court of The United States recently issued a ruling on age discrimination that is both shocking and sobering; one that may be a harbinger of legal issues to come. This white paper explicates key reasons your human resources personnel and supervisors must be on top of the age discrimination law (ADEA).

The Shocking New Ruling

Pay very close attention to this. In The Meacham v. Knolls Atomic Power case (June, 2008) the Supreme Court ruled (in order to establish its freedom from unlawful bias) an employer must not only produce evidence of, but also bear the burden of proving, a “reasonable factor other than age” for its employment policy or action which has a disparate impact on workers over the age of 40.

In other words, when an employee (over the age of 40) files a lawsuit against the organization claiming they were discriminated against because of their age, the burden to prove there was no discrimination squarely lies with the employer, not the employee. The employer will be forced to open their records on (1) hiring, (2) firing, (3) promotions, (4) job assignments, (5) training, and (6) even test papers.

What Attorneys Are Looking For

Employee law attorneys will painstakingly comb these records looking to see if (and how) your employment practices had an adverse impact on workers over the age of 40. The burden to prove no discrimination becomes and uphill battle if any of these records show supervisors treated this “protected class” of workers differently than others.

For example, if the employer has a disparate amount of workers over the age of 40 fired (or let go) over a set period of time, this may be a red flag to the court. When the worker files the lawsuit, you will have to explain to the court why this group of employees was affected disproportion ally. One of the key points we have learned in our supervisor core training is inconsistencies are a death nail for any organization.

The Coming Explosion

I have written a series of articles dealing with knowledge management and the workforce of the future. One take away from these articles is the American workforce is aging rapidly. By the year 2012 (when the oldest baby boomers begin to retire), nearly 70% of the American workforce will be over the age of 40. This is a massive number of workers. As a performance technologist, I stress to organizations that now is the time to study how this literal sea change will affect your organization. Under ADEA (the Age Discrimination in Employee Act), workers over the age of 40 is a protected class. With so many workers moving into this protected status- I predict an explosion in age discrimination lawsuits. If for no other reasons than this gigantic number of workers moving into protected status; coupled with a smarter/savvier workforce understanding their rights under the age law.

Summary

When an employee (over the age of 40) files a lawsuit against an organization claiming they were discriminated against because of their age, the burden to prove there was no discrimination squarely lies with the employer, not the employee. Now is the time to make sure your HR personnel and supervisors are up to speed on the age law.

© 2009 Cubie Davis King. All Right Reserved Internationally.

Dr. Cubie Davis King, PhD. is an adjunct professor at National University San Diego, CA in the School of Business, where he teaches Training and Development. His latest work is the Supervisor Core Training System 1.0 (SCTS 1.0). To get more information on this highly effective and engaging training system go directly to his website at website http://www.goldcrowninc.com

Dr. King is a Performance Technologist with a Ph.D in Training & Performance Improvement. His resume includes 9 years military service, and 12 years executive positions with Xerox & CitiGroup. For the past 13 years he has consulted with hundreds of companies on employment laws, and trained thousands of HR professionals in Live Seminars throughout the country. Dr. King has won top performance awards at every level of his storied career and is passionate about improving the performance of employees and business owners. Dr. King takes complicated yet sobering employment laws and makes them palatable and entertaining for everyone on your staff to understand.

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