What may I sue for if....? (Situation in Details)?


The main thing I want to know is if I can still take this to small claims court where on earth the max to sue for is $5000. Someone touched my butt 4 times (swiped my buttcrack with a Micros Systems Mangement card) and made sexual comments to me twice. Then when I confronted this person about it, they pulled a spear on me. I didnt make a police report on time but I did file near the Equal Employment Oppurtunity Commision. They want to close my file because i didnt provide enough information about witnesses. Thats wrong that they want to close the folder on my case because that is confidential information that the company I used to work for wouldnt voluntarily provide. May I sue the EEOC for delaying me close to this? The incident took place December 24, 2007.
Best Answer:
No
Small claims court is basically designed to recover property or damages, so this case would never trademark it there. Contact an attorney who specializes in employment law and cart it from there. It is going to be hard without witnesses, most courts don't bother next to a he said/she said deal unless there is some sort of proof or a witness.
If this happened while on the job, first thing would own been to report it to either the company's compliance hot line or directly to human resources. How soon after the incident did you report it to the EEOC?If nearby were not any witnesses around, then it become a "Hearsay" your word against the word of another. If you know this guy has done this to another female employee, you can subpoena her as a persona witness. A person that can honestly say he did this to her or she has witnessed him do it to another womanly. I would sue the individual person in small claims for sexual harassment, later the company that employed you both.
To be honest, I can't really voice whether you can sue for damages in small claims court unless you can prove you had some kind of mar. I've never really heard of 'emotional distress' in a small claims case. Perhaps someone more decipherable with that could address that point. However, what I do have to offer you is this: The reality that you claim this individual pulled a knife on you and that you didn't report it to the Police immediately will seriously undermine the credibility of any claim you fashion. Pulling a knife on someone is not a reasonable part of any workplace pursuit, and no reasonable person would consider that normal behavior; hence it is unlikely a reasonable person would be able to read your failure to report it. It's also interesting that you are focused on the exact type of card that was used to 'swipe your buttcrack'. Most people wouldn't include that gentle of detail because the type or brand of card is utterly irrelevant and thus an unnecessary detail. It also serves to make your complaint seem odd and unlikely. Finally, the explanation your complaint was closed was 'not enough information give or take a few witnesses' - which means that it appears to be your word versus the word of the person you claimed did this to you. If that is the satchel, you would not have much better luck in court than you did with the EEOC. It also have absolutely nothing to do with 'confidential information that the company you used to work for wouldn't voluntarily provide', which make your complaint confusing and - again - odd. In short, whether you can sue or not I am suggesting that your complaint as it stands is unlikely to result in an award of damages.
what is wrong is when a person initiate a agency to pursue a situation and the alleged victim does not supply full disclosure resulting in a loss of manpower,money and effort that could enjoy been utilizes by a more deserving situation of a issue where all info be revealed but put on a shelf because of false prioritizing of a serious allegation lodged by a less than credible allegation and perseverance of the matter