Hey Bobak - seeking legal advice

[Andy Is A Bastard]

Okay, so here's the situation:

My boss' woman (fiance and soon-to-be wife) has been working in a hotel for roughly two months. Her boss tends to joke around with the staff (almost all female) , but has begun to push things a bit further. First, he called her into the back and told her that some psychic advised him about finding the "love of his life" at his hotel job, and that he thought she was it. He has been repeatedly harassing her with txt messages and whatnot since the initial incident.

The kicker? She's 20, and he's 48 and married (2nd marriage, btw). She has struck an impass in the matter; she really likes the job, but it's getting to be too much. She's been thinking of recording one of their conversations, and talking to some of the other staff about coming clean with her (apparently she's not the only woman he's done this sort of thing to before).

My question is thus: is there a viable case here? What are her options?

 

[Orochi_invisibleink]

unless she has come out and said N-O yet then he hasnt committed any crime

 

[BIG BEAR]

Maybe she should record him before she actually says no. That way she'll have some evidence for a harassment suit.
BB

unless she has come out and said N-O yet then he hasnt committed any crime

 

[El_Duque]

She should just leave and find another job. But try recording the convo first.

 

[evil wasabi]

definitely has potential for a case. Needs to check the local WI laws to see if she can admit recordings into evidence without telling boss (that she's amking such recordings). I'm sure there are a lot of attorneys in the WI area that would listen to her story and determine if they would take her case on a contingency basis, and at the very least, inform her on how to move forward.

 

[Asura]

I agree with Wasabi about she needs to check the local WI laws to see if she can admit recordings into evidence without telling boss (that she's making such recordings).

My advice is,
First...she needs to talk with him and say things straight. That she's not confortable with his comments and he needs to stop them. If he continues...

Second...Go to the Hotel's Human Resources Department and inform the situation. If HR don't talk to him and he's persistant then....

Go to an Attorney and fuck the Mother Fucker....

 

[2Dfan]

wow everybody knows everything here! lol.

 

[melchia]

wow everybody knows everything here! lol.

well, with three or so years of legal training, wasabi is bound to know something about it...good ole bobak has to type out those disclaimers before he can offer 'help', though.

 

[ResO]

Whatever. Next time the boss makes her uncomfortable she should just politely say that she's not into him.


You pussies always turn to legal advice before common sense. I'd only pursue a lawyer if he was still bugging her after she clearly turned him down, and even in that case I'm sure a call from a lawyer would be enough to scare him. But even so, once you take it to that point do you think you would actually want to stay at that job and work with him? Talk about awkward.

 

[aria]

You think I'm crazy enough to give legal advice on a forum so I could get sued for malpractice and or violating ethical practice standards? (all lawyers can be sued in these ways for posting advice on a forum) --no thank you.

However... I can speak generally on the topic.

From the description you've written, it sounds like it might not hurt to consult an attorney that is licensed to practice in that jurisdiction (i.e. a local attorney in your state). If I were in the person's shoes, I would consider finding a large personal injury firm that deals with employment issues (look up their website) and get a free consultation. They will be able to advise your friend better, and may find a case here.

That is my opinion on this general area.

 

[aria]

BTW, reading some of these other responses... El oh El uh no.

This kind of case is one where experienced PI/employment attorneys will always offer a free consultation and let you know, definitely, if a cause of action does lie.

 

[norton9478]

Never seek Legal advice unless you are in a Lawyer's office.

Seek facts and information about the law.


Also a question for Bobak...

What if someone seeks a Referal, IN state or out of state. Can you do that?

 

[aria]

Never seek Legal advice unless you are in a Lawyer's office.

Seek facts and information about the law.


Also a question for Bobak...

What if someone seeks a Referal, IN state or out of state. Can you do that?

Lawyers can give referrals. Often times it just to lawyers they "owe" one or happen to know either in the geographic area or the practice area.

 

[norton9478]

Lawyers can give referrals. Often times it just to lawyers they "owe" one or happen to know either in the geographic area or the practice area.

So referals bear no coded ethic responsibility?

I was just wondering....

 

[melchia]

So referals bear no coded ethic responsibility?

I was just wondering....

omg - can you imagine what a nightmare that'd be? christ - essentially holding one attorney responsible for the actions of another. heh, no one would refer anyone.

 

[evil wasabi]

What if someone seeks a Referal, IN state or out of state. Can you do that?

if you don't know the answer, and can't find the answer with reasonable certainty, you should refrain from trying to give advice.

Of course, if you want to point someone towards finding a lawyer in a specific area of law, you cna always point them to martindale hubbell. I mean, if a person can be expected to find it on google, I don't think it's unethical to mention it.

 

[aria]

So referals bear no coded ethic responsibility?

I was just wondering....

The only limitation is that lawyers can't accept money for referrals: i.e. Lawyer "A" can't pay Lawyer "B" for any referrals by Lawyer "B" (imagine how that could be turned into a business); of course, Lawyer "A" can treat Lawyer "B" out to dinner because "they're chums" or refer clients back at Lawyer "B".

It's not a perfect rule, but it supposedly helps stave off abuse.

My professional responsibility reviewer was so damn entertaining I actually paid attention enough to absorb that section of my bar review course.

 

[evil wasabi]

The only limitation is that lawyers can't accept money for referrals: i.e. Lawyer "A" can't pay Lawyer "B" for any referrals by Lawyer "B" (imagine how that could be turned into a business); of course, Lawyer "A" can treat Lawyer "B" out to dinner because "they're chums" or refer clients back at Lawyer "B".

It's not a perfect rule, but it supposedly helps stave off abuse.

While working at my first summer internship, I found that the firm took cases from another "firm" whose bread and butter was mainly to get clients and then shift them about to other law firms.

 

[Magnaflux]

While working at my first summer internship, I found that the firm took cases from another "firm" whose bread and butter was mainly to get clients and then shift them about to other law firms.

Engineers do that also.

 

[aria]

While working at my first summer internship, I found that the firm took cases from another "firm" whose bread and butter was mainly to get clients and then shift them about to other law firms.

There's all sorts of legal ways to get around it, you just can't get literally paid by the other law firm for handing off the case. You can take a share of the case's actual earnings (for work rendered or some other arrangement), PI firms have that a lot, especially when their small groups that seem to have a knack at finding big cases.

 

[norton9478]

There's all sorts of legal ways to get around it, you just can't get literally paid by the other law firm for handing off the case. You can take a share of the case's actual earnings (for work rendered or some other arrangement), PI firms have that a lot, especially when their small groups that seem to have a knack at finding big cases.

The only limitation is that lawyers can't accept money for referrals: i.e. Lawyer "A" can't pay Lawyer "B" for any referrals by Lawyer "B" (imagine how that could be turned into a business); of course, Lawyer "A" can treat Lawyer "B" out to dinner because "they're chums" or refer clients back at Lawyer "B".

It's not a perfect rule, but it supposedly helps stave off abuse.

My professional responsibility reviewer was so damn entertaining I actually paid attention enough to absorb that section of my bar review course.

That's what I wanted to know... I learn something new every day.

So would gifts be unnaceptable also?

 

[Neo Collector]

Why her husband dont go there and punch the clerk in the face, brake his nose and tell him to stop the bullshit ? No legal advice needed for me.

 

[norton9478]

Okay, so here's the situation:

My boss' woman (fiance and soon-to-be wife) has been working in a hotel for roughly two months. Her boss tends to joke around with the staff (almost all female) , but has begun to push things a bit further. First, he called her into the back and told her that some psychic advised him about finding the "love of his life" at his hotel job, and that he thought she was it. He has been repeatedly harassing her with txt messages and whatnot since the initial incident.

The kicker? She's 20, and he's 48 and married (2nd marriage, btw). She has struck an impass in the matter; she really likes the job, but it's getting to be too much. She's been thinking of recording one of their conversations, and talking to some of the other staff about coming clean with her (apparently she's not the only woman he's done this sort of thing to before).

My question is thus: is there a viable case here? What are her options?

Here is my Legal Opinion...

SUE LIKE A MOFO>>>>>>>

Get evidence, get statements etc......

Then report...

If she gets retalitorily fired, that's even bigger bucks.

 

[K_K]

Why her husband dont go there and punch the clerk in the face, brake his nose and tell him to stop the bullshit ? No legal advice needed for me.

because people are pussies in america, and we prefer to spend thousands of dollars on lawyers and legal fees instead of settling matters like men.

personally as the boyfriend i'd go down there and have a talk with him. and if he continued after she and i both told him to step off i'd prolly kick his ass maybe i'm stupid, but i don't take kindly to someone else flexing on my woman.

 

[PopeCuervoLime]

The only limitation is that lawyers can't accept money for referrals: i.e. Lawyer "A" can't pay Lawyer "B" for any referrals by Lawyer "B" (imagine how that could be turned into a business); of course, Lawyer "A" can treat Lawyer "B" out to dinner because "they're chums" or refer clients back at Lawyer "B".

It's not a perfect rule, but it supposedly helps stave off abuse.

My professional responsibility reviewer was so damn entertaining I actually paid attention enough to absorb that section of my bar review course.

I'm going to learn a lot this fall...