Results 1 to 6 of 6
  1. #1

    Question Civil Rights Complaint Misrepresented As Harassment

    My question involves criminal law for the state of: Kansas-- Phone Harassment Statute

    I was approached last spring in a college campus elevator on the basis of offensive stereotypes by a young African-American student. I felt my boundaries were being violated and reacted angrily. There were no witnesses. My Human Resources Department later fabricated witnesses as well as hunting me down and describing me in hate speech and profiling language that violates health privacy laws. I then received a false allegation of racism in my work file that caused me to lose my job. A few months after this happened I discovered that the HR Department failed to follow its probably legally required minimal due process policy to inform me of the accusation and any proposed punishment and offer a hearing.

    I left a few annoyed phone messages upon discovering this and on this basis over two months later received a summons to court for harassment. This whole case revolves around a painful health privacy violation at my workplace. I have been completely terrorized
    by this behavior and have become very reluctant to go outdoors or appear in public.
    What are some good arguments I can use to get the charge dropped by the prosecutor?I would like to try this tack on my own before using much legal intervention.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Civil Rights Complaint Misrepresented As Harassment

    Get a criminal defense lawyer and have your lawyer review the charges and recordings. Your lawyer can then advise you as to whether they support the charge.

    Nobody here can tell you if the messages you left were harassing, as we don't know what you said.

  3. #3

    Lightbulb Re: Civil Rights Complaint Misrepresented As Harassment

    I appreciate your answer, Sir Knowitall, and realize you likely are correct about hiring an attorney,[B]but remain curious about the circumstances under which a prosecutor is likely to be convinced to drop harassment charges. Is this charge based on general or specific intent? If from my perspective the case revolves around Human Resources' mishandling of private health information and failure to take due care in safeguarding such information how might this circumstance be accomodated by the criminal justice system? Are there any ways to request protection against persons and organizations who seem to be dishonestly abusing the criminal justice system to retaliate or ruin someone's life? Civil rights speech is supposed to be protected, but if I failed to read a letter telling me not to contact them that likely will not work in my favor.

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Civil Rights Complaint Misrepresented As Harassment

    Quote Quoting mutualrespect37
    View Post
    Is this charge based on general or specific intent?
    Specific.

    If from my perspective the case revolves around Human Resources' mishandling of private health information and failure to take due care in safeguarding such information how might this circumstance be accomodated by the criminal justice system?
    how does whatever you said in an elevator have the slightest thing to do with private health information?

    Did I miss a chapter or something?

    You have nothing protecting you from whatever stupid thing you said to the guys on the elevator.

    HR had not only the right but the obligation to find you and search out the story.

    I notice you never said what you said. Must have been bad.

    Are there any ways to request protection against persons and organizations who seem to be dishonestly abusing the criminal justice system to retaliate or ruin someone's life?
    Yes. After you win in court, you would sue them.

    Civil rights speech is supposed to be protected, but if I failed to read a letter telling me not to contact them that likely will not work in my favor.
    So you violated a no contact order.

    Wow.

    That would be very bad.

  5. #5
    Join Date
    Jan 2010
    Posts
    21

    Default Re: Civil Rights Complaint Misrepresented As Harassment

    One good argument is to bring a lawsuit against THEM for illegal job termination and other things. I was in a laundry room once when I was college. I said something to someone doing their laundry and an African American jumped in when it was none of his business. Accused me of "verbally assaulting" the guy doing his laundry. He made a big deal of nothing. The guy doing the laundry didn't say anything. I was just asking him to hurry up. So you see, anyone can make anything out of a situation but get a labor lawyer and sue your employer for unlawful termination and also for ruining your reputation.

  6. #6

    Default Re: Civil Rights Complaint Misrepresented As Harassment

    Thank you for the empathy , Roger Nash. Don't no-contact orders need to be "served" in order to be official and to be used in court to show intent? The letter I received was in response to a request for a reinvestigation of a defamatory racism allegation. Instead of giving me any honest time of day apparently I was told not to bother HR again regarding their own huge policy violations, but I could not or would not have been expected to figure this out. Can I really be legally summoned to court without any police contact at all--and the campus police who filed charges without talking to me have a big conflict-of-interest here too, in that their HR staff are mine, and they are in their pocket. This seems basically a southern- justice attempt to avoid financial liability for civil rights violations.

    No, I have been told by a lawyer I on the phone messages was only asserting my rights under the equal protection clause of the constitution and said nothing offensive.
    HR while investigating the incident exposed protected information
    about me, and they have lied about and hidden this violation.

    1. Sponsored Links
       

Similar Threads

  1. Harassment, Retaliation, False Complaint
    By Andy_Duphresne in forum Employment and Labor
    Replies: 2
    Last Post: 01-15-2009, 12:31 PM
  2. Harassment: Harassment Complaint
    By iwannabelikekev in forum Employment and Labor
    Replies: 1
    Last Post: 09-30-2008, 01:13 PM
  3. Harassment: Would I Know If A Criminal Harassment Complaint Was Filed Against Me
    By firsttime1976 in forum Criminal Charges
    Replies: 5
    Last Post: 05-21-2008, 05:58 PM
  4. Harassment: Harassment Complaint By Ex-Girlfriend
    By olimits7 in forum Criminal Charges
    Replies: 1
    Last Post: 05-26-2007, 05:10 AM
  5. Defamation: Harassment complaint at workplace
    By f04ty2 in forum Defamation, Slander And Libel
    Replies: 1
    Last Post: 02-19-2007, 10:41 AM
 
 
Sponsored Links

Legal Help, Information and Resources