NachtLaw, P.C. - Nacht & Roumel, P.C.
Protect Your Rights.
Call Today 888-312-7173

Michigan and Ohio Legal News Blog

How to document sexual harassment in the workplace

Last month, the #hashtag “me too” went viral. Stories never before shared were finally out in the open. The spectrum of sexual harassment is broad and many incidents have happened in offices and on work floors across the nation.

What are the types of sexual harassment at work? Quid pro quo sexual harassment and hostile environment are two main ones. In this post, we will go into more detail about each and then provide tips for what to do to make it stop.

Pros and cons of deferred compensation plans

To attract top talent more mid-size companies have started offering deferred compensation plan to CEOs, COOs and directors. Individual circumstances and future goals will influence whether to defer or not.

Compensation and benefits are significant terms in an offer package, but they are not the only ones. Seeking counsel from an experienced employment attorney on the front end can also ensure a non-compete clause tucked away on page four of a contract does not limit future career moves.

#MeToo

You've likely seen the viral hashtag #MeToo in your social media feed. Victims of sexual harassment, sexual assault or sexual violence are sharing their experiences and bonding in a show of bravery and defiance. The phenomenon appears to be a reaction to the widespread allegations against Hollywood producer Harvey Weinstein, with many prominent actresses initially coming forward.
 
The attorneys and staff of NachtLaw applaud these survivors for standing up to be counted. It is never easy to come forward, and victims are often blamed. Yet the law protects you, whether the perpetrator was at a work, school, social, or family setting. In the workplace: It is illegal to sexually harass someone, or to retaliate against someone who has reported harassment. At a K-12 school, college or university: Under Title IX, a public school may be liable for harassment by a staff member or a fellow student if there was a known risk, and is always liable for retaliating against someone who reports. Additionally, the perpetrator may be sanctioned by the school. In a family or social setting: You may directly sue perpetrators and any other person or entity who may be responsible.
 
Coming forward can be an empowering experience. Our law firm is here for a free and confidential consultation for victims of sexual harassment or assault who want help reporting, or otherwise asserting their rights.
 

Sixth Circuit Court of Appeals Expands Accused Rights in College Disciplinary Proceedings

 "Cross-examination is the greatest legal engine ever invented for the discovery of truth." So wrote John Henry Wigmore, legendary judge and legal scholar. However, when a college student is faced with a disciplinary proceeding, cross examination has not been required by the courts, and is generally not allowed. This is true even though a suspension or expulsion can affect a person's ability to continue education or find jobs.
 
No more, says the 6th Circuit Court of Appeals, which has ruled that some form of confrontation may be constitutionally required in certain cases.
 
"John Doe" was a University of Cincinnati student who engaged in a sexual encounter with "Jane Roe," and believed it to be consensual. However, three weeks later, Jane made a complaint to the University that John had violated the Code of Conduct by sexually assaulting her.
 
                A hearing was held, but Jane did not appear. John expressed that he could not properly present his defense without being able to question her account. The hearing panel proceeded anyway, and found John responsible for a sexual assault, and issued a two year suspension.
 
John filed a lawsuit to stop the suspension, and the federal district court granted it. The University appealed, but the 6th Circuit upheld the ruling. The court said that due process is guaranteed in college disciplinary hearings, and that in a "he said/she said" credibility contest, especially where hearsay evidence was used against John, due process may include some form of confrontation. Without it, the proceeding may be "fundamentally unfair."
 
Recognizing that direct cross-examination may be traumatic, especially in a case of sexual assault, the court clarified that confrontation may be indirect - for example, the accused may submit cross examination questions to be asked by a neutral hearing officer. Nonetheless, this case is significant in opening the door to confrontation in a student disciplinary hearing where important rights are at stake, and credibility is a critical issue.
 
The case is Doe v. University of Cincinnati, U.S. Court of Appeals, 6th Circuit, 9/25/17

Can your employment agreement require individual arbitration?

Found in the fine print of a contract that you probably signed shortly before you started work or on your first day, could be an arbitration clause. These have recently proliferated.

In the employment context, collective actions have long allowed you and co-workers to band together when the individual amounts are small in wage and hour claims. Failing to pay for prep work before you punch the clock might only amount to a couple thousand dollars for you. Combine your case with 100s of others who also completed off-the-clock work and you get your employer’s attention. But an arbitration clause requires you to resolve employment issues individually.

2017 is on pace to have the second-lowest violent crime rate of any year since 1990

We are becoming safer. The Washington Post article, "2017 is on pace for the second-lowest crime rate since 1990 - and near-record low murders", makes this point clearly.

Email Us For A Response

Don’t Hesitate. Let Our Firm Help You Protect Your Rights.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

We have developed a particular way we handle consultations at NachtLaw. Based on years of experience advising thousands of clients about their rights, we have settled on a method that allows our attorneys to provide the best advice possible in a setting that ensures confidentiality and promotes an atmosphere of trust.

Ann Arbor, MI
101 North Main Street Suite 555
Ann Arbor, MI 48104

Ann Arbor Law Office Map

Traverse City, MI
415 Cass Street Suite 2C
Traverse City, MI 49684

Traverse City Law Office Map

Toledo, OH
One Seagate Suite 685
Toledo, OH 43604

Toledo Law Office Map

Birmingham, MI
401 South Old Woodward Avenue Suite 460
Birmingham, MI 48009

Birmingham Law Office Map