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I need some opinions.


PhilCastro
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QUOTE (HowItIs @ Oct 25 2011, 02:55 AM)
QUOTE (Workaholic Man @ Oct 24 2011, 06:09 PM)
Phil, your mother should consult with an attorney ASAP.  In no way did she harass, assault, or abuse that little punk.  Your mother has legal rights, just like the students have rights. 

Harassment is by legal definition a repetitive, ongoing action that causes someone pain, emotional distress, fear, etc.  A one-time action is NOT harassment in any way.

IMO, your mother should demand a face-to-face meeting with HR, the student, and his family.  If the kid is brave enough to file charges against your mother behind her back, then he should be brave enough to say it to her face. 

If your mother does lose her job, then she should SUE, SUE, SUE....

Good luck!  new_thumbsupsmileyanim.gif

This is excellent advice. And adding what Ancient Ways said about checking into precedent, which is one of the first things an attorney would do.

 

Your Mother did nothing wrong. That kid is an asshat. I hope it all works out for you and her.

goodpost.gif

 

Workaholic Man has never steered me wrong (whether he knows it or not smile.gif)

 

 

 

Please let us know how it turns out!

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Mom just got off the phone with HR.

 

She wasn't given any more information, they just took her side of the story, asked her some questions. They said they are gonna talk to some more people and then call her back.

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QUOTE (PhilCastro @ Oct 25 2011, 11:22 AM)
Mom just got off the phone with HR.

She wasn't given any more information, they just took her side of the story, asked her some questions. They said they are gonna talk to some more people and then call her back.

great, just leave her hanging.

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QUOTE (Workaholic Man @ Oct 24 2011, 08:09 PM)

Harassment is by legal definition a repetitive, ongoing action that causes someone pain, emotional distress, fear, etc. A one-time action is NOT harassment in any way.

I agree with this.

 

I do training for my company and had to put together and deliver a course for our employees on Harassment. By definition, harassment has to be continued unwanted actions. The only situation that we discuss where harassment can occur on a single action would be a quid-pro-quo form of sexual harassment. Certainly, your mom's situation would not fall in that category.

 

Anyways, good luck. Hopefully things will turn out well.

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Sure, it's great that we live in a society where you can take legal action against many things, but people seem to take too much action. Taking action against a teacher patting your belly once is ridiculous. The attorney advice is solid, and I too find it weird that human resources left your mom hanging like that. I've never been a fan of zero tolerance policies. They don't solve anything.
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reading the account as posted:

 

an apology is appropriate in this circumstance, and that's all that the kid is owed (and at this point, he's been paid in full)

 

regardless of whether the kid over-reacted (I feel he did), the touch was unmistakably harmless in intent, and happened once

 

(and yeah, the kid needs to work on his tact, but) the touch was addressed in the moment, and an apology sincerely offered

 

 

 

 

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QUOTE (PhilCastro @ Oct 27 2011, 12:33 PM)
She was let go today.

I'm sorry, Phil. sad.gif

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QUOTE (PhilCastro @ Oct 27 2011, 12:33 PM)
She was let go today.

aw no. sad.gif

 

I'm really sorry about this.

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QUOTE (PhilCastro @ Oct 27 2011, 11:33 AM)
She was let go today.

Oh man. That's horrible. Please tell me that she is getting an attorney. sad.gif

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Sorry to hear that Phil. If the laws in your state are similar to the laws here in Illinois (and most other states), then it is doubtful an attorney can help her unless she is in a Union. I do hope she at least consults with one, in any event.

 

 

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QUOTE (ridertoo98 @ Oct 27 2011, 12:48 PM)
Sorry to hear this, didnt think they would fire her over tthat little thing. Sad,very sad.

They didn't get more kids coming forward - did they?

 

I can't see them doing this for a single incident like that.

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QUOTE (ILSnwdog @ Oct 27 2011, 01:30 PM)
QUOTE (PhilCastro @ Oct 27 2011, 11:33 AM)
She was let go today.

Oh man. That's horrible. Please tell me that she is getting an attorney. sad.gif

she's working on it, yes.

 

 

As for me... it's time to start filling out the job applications.

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QUOTE (PhilCastro @ Oct 27 2011, 01:13 PM)
QUOTE (ILSnwdog @ Oct 27 2011, 01:30 PM)
QUOTE (PhilCastro @ Oct 27 2011, 11:33 AM)
She was let go today.

Oh man. That's horrible. Please tell me that she is getting an attorney. sad.gif

she's working on it, yes.

 

 

As for me... it's time to start filling out the job applications.

I'm really sorry Phil. I hope things turn out OK in the end.

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QUOTE (ILSnwdog @ Oct 27 2011, 02:25 PM)
QUOTE (PhilCastro @ Oct 27 2011, 01:13 PM)
QUOTE (ILSnwdog @ Oct 27 2011, 01:30 PM)
QUOTE (PhilCastro @ Oct 27 2011, 11:33 AM)
She was let go today.

Oh man. That's horrible. Please tell me that she is getting an attorney. sad.gif

she's working on it, yes.

 

 

As for me... it's time to start filling out the job applications.

I'm really sorry Phil. I hope things turn out OK in the end.

Me too, man. Me too.

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QUOTE (Rushman14 @ Oct 27 2011, 02:08 PM)
sorry Phil. what a bunch of BS angry.gif

Sure is. So sorry Phil.

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QUOTE (PhilCastro @ Oct 27 2011, 01:13 PM)
QUOTE (ILSnwdog @ Oct 27 2011, 01:30 PM)
QUOTE (PhilCastro @ Oct 27 2011, 11:33 AM)
She was let go today.

Oh man. That's horrible. Please tell me that she is getting an attorney. sad.gif

she's working on it, yes.

 

 

As for me... it's time to start filling out the job applications.

I'm so sorry. sad.gif

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This kid clearly has no idea what it's like to be harrassed. I do know what it's like, and what Phil's mother did doesn't come close to harassment. Stalking, inappropriate touching and inappropriate comments are all harassment. Harmlessly poking fun at someone is not. I would have just laughed with her and left it at that, not drag this moment of joking into court. All these posters are right: that guy is a self-centered little punk. angry.gif

 

Phil's mum did not deserve to lose her job over this. That's just out of line, as are that dude's accusations. I am genuinely sorry. hug2.gif

 

My Ged, the nerve of some people... new_thumbsdownsmileyanim.gif dazed025.gif

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Sorry to hear your bad news.

 

Along with the Harassment course that I taught, I also have taught a class titled, "It Happens" which deals with coping when major life changes occur to you. In a nutshell it basically comes down to: trying to look on the bright side of things, look for new opportunities (hopefully being in a better off place than you were before), and keeping at it.

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