How to Win A Harassment Case At Your Deposition

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  • čas přidán 2. 07. 2024
  • How to increase the chances of winning a he-said-she-said harassment case. For more useful employment law information, visit www.arkadylaw.com
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Komentáře • 105

  • @melodymundy5985
    @melodymundy5985 Před 4 lety +34

    People, if employees are conspiring against you, start an immediate paper trail with HR. Doc everything. When you see no resolution, get an attorney while you are still employed. Let your attorney handle it from there on. The company will have a harder time getting rid of you. I learnt this the hard way but still got a settlement. Don’t quit. Fight!!

    • @Mister_Soyuz_on_YT
      @Mister_Soyuz_on_YT Před 4 lety

      Thanks! This is exactly what I wanted to read or hear. I worked at a restaurant and because everyone there knew one another I was constantly picked on with verbal harassment (shouting, yelling, and even pushing me) to the point where I filed a complaint to HR. All I got was a phone call from HR and a phone number from front of house manager if anything happened again. Of course, this continued and nothing from HR ever stopped the work harassment, so I insta-quit. I did wish I have educated myself before hire but what has done can't be avenged :(

    • @Kcarneirowashere
      @Kcarneirowashere Před 3 lety

      Wow this stuff is insane. I have mediation next week 9. Don’t let these people bully you around and treat you like crap then not get compensated. Oh no! Pay me! I filed a suit while employed! They ganged up on me EVERYDAY. Moved the pervert for a few weeks then placed him back. So retaliation was just insane. I nearly quit but I flourished off that negativity because I knew what they were doing but they were so pissed I didn’t quit the restaurant so it kept happening until they came up with some extremely lame excuse to fire me. So my attorney added wrongful termination amongst the other 13 causes. Don’t give up

  • @melodymundy5985
    @melodymundy5985 Před 4 lety +18

    Two friends collaborated a lie against me that got me fired. I’ve filed a law suit and currently awaiting my deposition. I will stop at nothing to clear my name. We should not allow this. If it were true no way will I waste my time and energy.

  • @melodymundy5985
    @melodymundy5985 Před 4 lety +22

    Even though you would not take my case, another firm did and I want you to know, I won. They settled and I got an amount over what I expected. Thanks for the video anyway.

  • @phedreviverette5753
    @phedreviverette5753 Před 5 lety +71

    What about if they have a lying witness? In many cases, it’s an issue were several people are against you and they stick together and lie; making it appear that the real perpetrator has credible witnesses.

    • @truerealityforever
      @truerealityforever Před 5 lety +12

      Im in that situation right now..a click of employees who are friends lying for each other to get me in trouble make me quit ive attempted to ignore and been sucessful in the past ignkring them but now they are puting harassment cases on me to get me fired.i have no idea why other than to say maybe they are intimidated by me or jealous of me as i dont dislike any if them.

    • @klattalexis
      @klattalexis Před 5 lety +1

      @@truerealityforever Maybe they don't like your politics or your religion???

    • @truerealityforever
      @truerealityforever Před 5 lety +1

      @@klattalexis my politics?

    • @glorybeautiful1623
      @glorybeautiful1623 Před 4 lety +1

      True. They will lie And deny

    • @melodymundy5985
      @melodymundy5985 Před 4 lety +14

      truerealityforever, that’s what happened to me and I won. They settled and then had the Nerve to appeal my unemployment. I had to listen to all the lies all over again it was so humiliating. Well guess what? I won that one too. Fight girl. Don’t stop fighting.

  • @nickfriend3629
    @nickfriend3629 Před 5 lety +26

    ....When they cross-examine you again on the same question, simple say, "I believe I've answered that question already." No need to answer again. This is the prosecutors/victims lawyer tactic, to get you to say a different answer, different outcome, so simply state every time on a demanded repeated questioning, "I believe I've answered that question already." Works every time. Hell, you can even ask the court to "play back" the court recording to this point in time if they deny they hadn't presented the question before! And if the judge demands you repeat, request the recording to be played back, tell judge i don't want to indict myself in saying something different as this happens to all of us, recalling for word for word is difficult for everyone. One wrong word can indict myself. Innocent people recalling also can change the story if repeated, not just the guilty. so to be safe, play back the recording.

    • @MahamKhan-cu1eb
      @MahamKhan-cu1eb Před 5 lety +1

      Nick Friend thank you so much.. im 17 and im trying to find a way to somewhat find justice or win my case in a sexual assault case.:(

    • @DAVIDGARCIA-vg3ph
      @DAVIDGARCIA-vg3ph Před 4 lety

      Thank you for the advice.

  • @gaiagaia2814
    @gaiagaia2814 Před 6 lety +2

    Thank you. Very nice and clear explanation.

  • @AnitaBarneycastle
    @AnitaBarneycastle Před 5 lety +12

    surveillance throughout the complete establishment. ...roll the tape...let's watch.

    • @latashaogletree6962
      @latashaogletree6962 Před 3 lety

      I'm going through this shit right now. Mother fuckers won't roll camera back

    • @ni9470
      @ni9470 Před 2 lety

      I had to call the police for the camera to be roll back...

  • @roben9580
    @roben9580 Před rokem

    Thank you for the important info
    ...

  • @MrAnthonyvictoria
    @MrAnthonyvictoria Před 4 lety

    Great advice THANK YOU !

  • @sherriwilson7819
    @sherriwilson7819 Před 4 lety

    Thank you for the info. Very helpful. I wish you could take my case.

  • @pedroadriano9183
    @pedroadriano9183 Před 5 lety +7

    Well here's my thoughts on that if a person is calm he or she must have practice there lies most people that yell out of their heads and get really frustrated it's because they're telling the truth and no one's believe in them of course yes it is better to stay calm but when you know that you're 100% right and no one will believe you anger will come out no here's another thing don't they have a machine that detex line why not use it in the case or is the lying machine just a myth

    • @Mister_Soyuz_on_YT
      @Mister_Soyuz_on_YT Před 4 lety

      True. People who lie are masters and know that to lie and stay calm will get the defendant or person who is harrassed to get mad because that's exactly what the liar wants. so you can lose your case and make you at fault.

  • @wainber1
    @wainber1 Před 7 lety

    When I think of jury trials in civil suits, I think of the continental US, but not my home country (Canada). In the latter country, judges, not juries, typically get to decide civil cases, even though I still believe that the advice Arkady Itkin provides is useful, in that telling the truth is better than lying (even if that means saying "I don't remember").

    • @jacquelinehowell1485
      @jacquelinehowell1485 Před 3 lety

      I am Canadian and you can request a judge or jury. I requested a jury. Our laws are different from USA.

  • @yutube4850
    @yutube4850 Před 3 lety

    Very useful and informative

  • @CMC_prodz
    @CMC_prodz Před 5 lety +1

    I thank you for your advice . You sound very educated . Im going in Pro Se against the fuckn NY Times Co....i will take your advice , thanks , David

  • @cammycamm76
    @cammycamm76 Před 3 lety

    Very helpful thank you I took notes

  • @vonwilliams4444
    @vonwilliams4444 Před 6 lety +6

    I was attacked verbally by an ex supervisor at work on 7/10/18. He yelled at me threaten then attempted to grab me. This is the second time this has occurred the first was with someone who had the same job position but he threw at me and insulted me. The supervisor was notified both events. So later that night there's a guy making false accusations about me concerning the attack from earlier I go tell him my side of the story express that I felt threatened embarrassed and was feeling traumatized and walked off. Later that morning as some employees are getting off and others stay to work over. I overheard two people talking about the event. Come to find out it was the witness and the guy making the false accusations. I waited till the next day to call Human Resources to report the incident. They did an investigation one to which I was and quote "excited" that I was being attacked for the second time for reasons I didn't warrant. Who gets excited from what I have been going through? Is a rape victim excited when they're attacked? Does that victim had a right to feel some kinda way? Was I just supposed "take it" and continue to work? Mentally this event has me broken I got no justice, just my words used against me and laid off my job. I got laid off I did nothing I exspressed how violated I felt and how I had been dealing with working in such a hostile environment . I expressed to HR how I felt and I am still distraught they in no way helped me. There are witnesses and video.

  • @2024TurnTable
    @2024TurnTable Před 7 lety

    Thank you!

  • @sandilesibiya8131
    @sandilesibiya8131 Před 8 lety +15

    This video is very helpful....Thanks a lot my brother

  • @husseinyousif5654
    @husseinyousif5654 Před 3 lety

    Videos, be honest, truthful and eye witnesses testimony.

  • @Playstation-Gamer-200
    @Playstation-Gamer-200 Před 3 lety

    Hi, I had a situation where I know one of the managers were trying to physically bully me with one of the incidents leading to actual physical pain which left me no choice but to cobfront the person albeit I did. it in a very aggressive manner at the time. I confronted them about it about a year ago and my supervisor got in between due to heated argument where the bully manager denied all my claims. All that resulted was my supervisor having a talk with the manager and told me he would never bother me again which he doesnt to this day. However, I feel mad creeped out by the dude and still never got a clear resolutio. I am going to confront him again but in more professional terms just to see if he will admit to wrongdoing but if he doesnt, do I have case for something that happened year and a half ago. I didnt report to HR at the time for fear of losing my job and they never reported to HR neither I dont think but I still want some answers. The guy did switch up and treats me very differently but im not falling for it. I dont plan to stay at this company any longer.

  • @latashaogletree6962
    @latashaogletree6962 Před 3 lety

    I clean up at a high school assistant principal harrassed me constantly. Her lazy custodian friend plotting against me I keep all my emails

  • @jinjintana9911
    @jinjintana9911 Před 3 lety

    The best way is leaving.. most cases is not only get embarrasement but also get bully from colleagues , especially in work places that has many woman.. this is more worse.. keep your phycology healthy and find a new job, believe in your potential.

  • @liatnsls4776
    @liatnsls4776 Před 7 lety +2

    is there an email you can be reached at?

  • @kurtb5512
    @kurtb5512 Před 6 lety +1

    Thank you

    • @ArkadyItkin
      @ArkadyItkin  Před 6 lety +1

      Thanks for watching and your kind words.

  • @SG-dq5pj
    @SG-dq5pj Před 2 lety

    If an adult shouts at a young kid minor is it a harrasemwnt. I did file a complaint with the police and they asked me to fie it with the municiple court but I did and nothing happened. The judge without ofcourse being on trial or anything said there was no case. I did not have a lawyer.

  • @davidfoxd.d.9344
    @davidfoxd.d.9344 Před 6 lety +5

    What if I'm experiencing workplace mobbing? The difference or indifference in attitude , nit picking , faces, change in attitude of other associates or employers , Negative comments no support .

    • @ArkadyItkin
      @ArkadyItkin  Před 6 lety +2

      This is a classic situation of unfair but not illegal.

    • @davidfoxd.d.9344
      @davidfoxd.d.9344 Před 6 lety +1

      So can anything be done ? Also I was up for a promotion. And since the change I've been overlooked twice .

    • @ArkadyItkin
      @ArkadyItkin  Před 6 lety +1

      You can ask HR or appropriate personnel to help you, but nothing can be done to physically force your employer to promote you or to treat you better. .

    • @riderfromthewest
      @riderfromthewest Před 4 lety

      My situation exactly!

  • @jessiejames7492
    @jessiejames7492 Před 7 lety +1

    he's good

  • @tiacj99
    @tiacj99 Před 7 lety +3

    I was verbally assaulted by my boss. He got close enough for me to feel his breath on my face. I am a woman. I have been contemplating filing an Fed EEO, but is it true that if he harasses and verbally assaults men, my claim of harassment based on sex will be void? There were 2 men he yelled at the same time, however I was the only one he charged physically.

    • @ArkadyItkin
      @ArkadyItkin  Před 7 lety

      Being treated unfairly or being yelled at is not against the law, and EEO would not be the proper channel to address this with. This type of conduct is only illegal if there is specific evidence that the reason he does this is your age, sex, disability or one of the other protected classes. You should discuss this with an employment attorney.

    • @Luisa-cs2pd
      @Luisa-cs2pd Před 5 lety +1

      @Otie Jason that is terrible that you got fired for false accusations - sorry about that. Although, the way you write is very aggressive. 1.) Every woman in the world is not trying to use sexual harassment as an accusation for everything. 2.) What is/was your purpose on commenting here in the first place? 3.) Maybe you can help others when being through what you´ve been through - by using your experience - but, in a constructive way - not in an abusive way, like you did.

  • @nicholeadan9003
    @nicholeadan9003 Před 6 lety

    I am being issued a right to sue letter for a pregnancy discrimination case. I am thinking about contacting you for further information on where my next step should be.

    • @yvonnemartinez7843
      @yvonnemartinez7843 Před 4 lety

      What evidence stands in court for this? can i record this person?

  • @stevenbarone977
    @stevenbarone977 Před 4 lety

    I have a handicap and a learning disability of a slight Asperber's and I kept hounding Nike world headquarters in Oregon for employment and even kept asking of when I will get expected for an interview so when I kept calling the HR and even the store of Eugene Oregon at Oak way center store name said Steven Roy Barone that is my full name please wait for the HR to call you or for us to call you so when I also asked them a lot of crazy questions on Nike.com there management would send the Beaverton Police for them to inform me to knock it off of reaching out to Nike so much and stop causing telephone harassment and even bothering them all and even why would the police in Beaverton Oregon drive down to Eugene Oregon of April 27th 2016 then having a Nike vestgatior Nike.com security officer name Tom come to me and for him to inform me to stop also plus Nike doesn't want to hear from anyone then for Nike would say to me I would be arrested and taken to court wow scary I haven't been arrested yet I am clean so I feel like I learned my lesson not to bother Nike with no more phone calls . But I don't have no lawyer to resolve the issue with me and with Nike lawyers being jerks . I didn't mean to do what I did to Nike employees in Oregon . But there needs to be choosing kindness in the world . Am I sorry ya I am. Plus I got a letter to Phil Knight Nike co-founder in 2012 saying he urged me to apply for jobs and thrilled I am a huge fan of Nike that he as a business owner is . He is now the board of directors . New chairman is Mark parker. Plus I have been banded from Nike locations of 2016 and 2017 and 2019. I know there really can be an out come. I feel like I need help from a Nike lawyer or a Oregon lawyer to resolve an issue of my out come to come in a good way. I've been struggling of not finding the right lawyer in Oregon and for a lawyer whom can do a pro bono lawyer of my Nike thing of telephone harassment it was a honest mistake and wrong of what I did.

  • @benisjamin6583
    @benisjamin6583 Před 3 lety

    The presumption of innocence??

  • @andrelopeznoble7907
    @andrelopeznoble7907 Před 6 lety +3

    Too bad psychological research does not bear out that being calm and unemotional = truthfulness. In fact the opposite is true. The legal system is antiquated from a social science, psychological perspective.

    • @championshipswins6812
      @championshipswins6812 Před 6 lety +2

      Targets and victims are not protected in the US, because most people bosses, co workers and judges are corrupt. Good luck finding justice in this country.

    • @klattalexis
      @klattalexis Před 5 lety +1

      YES! I was thinking the very same thing. Too bad it's all about game-playing!

  • @xhristalina
    @xhristalina Před 7 lety +1

    are you based in the UK?great videos!thank you

    • @ArkadyItkin
      @ArkadyItkin  Před 7 lety +2

      Hi, Thank you. No, sorry - we are based in California.

  • @butterflylost9556
    @butterflylost9556 Před 7 lety +5

    since I started working,i have been bullying by the whole staff,I'm been told that in the least common denominator,my number change and manager said your fired and laugh,so the whole team of 5 not including me has been domino effect,for 6 month now,customer come in and they tell the customer you can get at her if you want,the Mexican co worker call me pinche tu madre,the manager start laughing I address the issue nothing was done,I ask to be transfer and they say no,help me please

    • @tinebean116
      @tinebean116 Před 6 lety +2

      Please record these people with your phone in video or voice record app. Hide the phone as best you can and record.

  • @johnstgermain7835
    @johnstgermain7835 Před 5 lety +1

    Hi this is John Stgermain 31 years old and i was at a disability program and a lady was working at a disability program and she was accusing me for sexual harassment and I was kicked out of a disability program she said That I said something about her legs and I did not say anything about her legs and they was going to put me in jail for it for no reason at all and she does not have any proof at all but I wanted to record them on video if they try to accuse me for sexual harassment but they said if I record them I would be going to jail I’m just guy trying to pretect myself from this issues and here to learn more about what’s harassment and what isn’t if you can help me out that would be great thank you

  • @saxjuandr
    @saxjuandr Před 4 lety +1

    Can i use a recording on my phone to prove that the false accusers are lying about me?

    • @ArkadyItkin
      @ArkadyItkin  Před 4 lety +2

      The answer to your question depends on the situation and will be different depending on the situation. In many cases, the fact that you recorded someone without telling them will lead to immediate termination, regardless of who is right and who is wrong, and even if the recording proves your point 100%.

    • @saxjuandr
      @saxjuandr Před 4 lety

      @@ArkadyItkin Thank you for answering me. So, if i get wrongfully fired, because there is no proof and they decided against me, can i use it after in a law sue, once separated from the company?

    • @ArkadyItkin
      @ArkadyItkin  Před 4 lety

      @@saxjuandr you are welcome. Please note the in California, like in most states, being terminated for an unfair reason or false reason or no reason at all is not unlawful, unless there is specific evidence that the true reason is discriminatory or retaliatory. Proving that you shouldn't have been terminated alone won't make a case. The first thing you should do is discuss your situation with a competent employment attorney in your location.

    • @saxjuandr
      @saxjuandr Před 4 lety

      @@ArkadyItkin I am on NY State, so far, they are 'working' internally, but in the meantime i will be with not money when they come to a final resolution after my appeals. I think that is lawful to record oneself. So, if justice is not about truth, what is it all about?

  • @tragicboy9991
    @tragicboy9991 Před 4 lety

    If I write a statement any kind of statement is that a write up ?

  • @viviandivine1351
    @viviandivine1351 Před 6 lety

    Hello.Do I have a chance to talk with you about my case, if so what the best contact to you? Respectfully,Olga.

    • @ArkadyItkin
      @ArkadyItkin  Před 6 lety +2

      Please e-mail a brief summary of your situation to Arkady@arkadylaw.com and we will follow up with you asap. Thanks.

    • @lisaedwards3899
      @lisaedwards3899 Před 5 lety

      @@ArkadyItkinHey, my name is Lisa, and I just found out that I had a Warren for harrassement since 2015. I never was served, nor none of it's true.

    • @klattalexis
      @klattalexis Před 5 lety

      @@lisaedwards3899 An outstanding warrant? OMGoodness, you could have been picked up anywhere, at any time!

  • @SuperFlyLibra
    @SuperFlyLibra Před 3 lety

    I'm still at my job and I want to file a eeoc claim is this recommended

    • @ArkadyItkin
      @ArkadyItkin  Před 3 lety

      It really depends on the unique and specific circumstances of your situation.

  • @hakonghehe6604
    @hakonghehe6604 Před 5 lety +1

    7:45

  • @calvinduarte3943
    @calvinduarte3943 Před rokem

    What is considered a racial slurs in the eyes of the law

    • @ArkadyItkin
      @ArkadyItkin  Před rokem

      It would be the same as in common languge - the "n" word and alike.

  • @s.e.hebert7307
    @s.e.hebert7307 Před 5 lety

    @

  • @catchnrelease8528
    @catchnrelease8528 Před 4 lety +1

    Hm...it seems you are teaching people how to LIE when they've made a false allegation. This is very scumbag sort of behavior.

  • @thedemonfromhell3177
    @thedemonfromhell3177 Před 6 lety

    My boss was always asking my sex life and my gf every day