Month: February 2018

Even if Your Employer is not Subject to the EEOC You May Still Have a Claim!

Even if Your Employer is not Subject to the EEOC You May Still Have a Claim!

What can you do if you are the target of unwanted sexual advances or groping by your employer and you work for a sole proprietor or a small business? A business that clearly does not fall within the jurisdiction of the federal or state Equal Employment Opportunity Commission (EEOC) administrative agencies that pursue sexual harassment claims against employers who have 15 or more full-time employees. I receive several calls a month from women who have been groped or relentlessly harassed by their boss at small businesses or sole proprietorships.

Many of these women have been turned away by EEOC sexual harassment law attorneys after being told, “I’m sorry, we can’t take your case because your employer has less than 15 full-time employees, so you can’t assert a EEOC claim against them.” This is a very sad situation because many of these women have unnecessarily waived their legal right to assert a claim against a predatory employer, after being told that they had no right to assert a sexual harassment claim under the EEOC laws. Many of these egregious acts of harassment, assaults, and even sexual assaults are being committed by the owner of these businesses. No matter what size entity you work for, you have the legal right to sue an individual personally for assault, groping, or repeated lewd and lascivious behavior that borders on intentional and extreme outrageous conduct!

At my law firm, we do not handle cases that are subject to the strict rules and regulations of the Equal Employment Opportunity Commission (EEOC). We pursue sexual harassment cases against directly against the individuals who commit these atrocious acts- the business owners and high-level supervisors. We utilize long-standing state laws that prohibit unwelcome touching (“assault by contact”) and outrageous conduct that causes serious emotional distress (“intentional infliction of emotional distress”), rather than using federal Equal Employment Opportunity laws that prohibit sexual harassment. In cases that involve groping, touching, or outrageous intentional lewd conduct, we can file civil charges of Assault by Contact and Intentional Infliction of Emotional Distress are utilized to pursue those who sexually harass their employees.

Here’s a question I hear a lot from prospective clients, “Do I have to use my real name if we file a lawsuit?” The answer is, “no.” In many cases, when we file lawsuits involving perpetrators for sexual assaults, we use using a pseudonym, such as “Jane Doe” instead of using the client’s real name, to protect their identity.

All calls or emails are held in the strictest of confidence. I have a female R.N. on staff to accommodate women who are more comfortable speaking with another woman. All cases that we accept are accepted on a percentage fee basis- there is never a retainer or hourly fee. If we are unable to obtain a settlement for a client, the client does not pay us a penny for our time or costs.

Please call for a consultation (512-708-1650) or email me (kevin@kevinmadison.com) for an appointment or free confidential telephone consultation. Also, please check out my website at http://texassexualharassmentattorney.com.

Attorney Kevin R. Madison

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