Do I need a lawyer, and how do I get one?
March 9, 2016 2:45 PM Subscribe
An office mate whom I've had conflicts with has filed a harassment claim against me with our HR department claiming I've created hostile work environment. I'm very scared, and unsure if I need a lawyer, how to get one, or if I can afford one even if I need one.
I'm employed as a graduate student at a university in British Columbia. I've had conflicts with another graduate in past. Today I got this email outlining the complaint, asking if I would be available for a meeting this Friday morning, and informing me that I am "entitled to be accompanied by legal counsel or a support person."
Do I need a lawyer? How on earth do I get one? Doubly so by Friday? I'm a graduate student so I only have a few thousand dollars in the bank (under $6K) and I've heard lawyers are terrifyingly expensive. Would having a lawyer make me look guilty and defensive?
I've not responded to that email in case I need to ask for more time to find legal council. I have responded to the followup email outlining the conditions I have to follow until then with "I have received this email."
My supervisor is travelling and so I can't get advice from them until the morning, if at all.
I've created an anon email at HiQZYrr4URBUMZwZ730@outlook.com for followup.
I'm employed as a graduate student at a university in British Columbia. I've had conflicts with another graduate in past. Today I got this email outlining the complaint, asking if I would be available for a meeting this Friday morning, and informing me that I am "entitled to be accompanied by legal counsel or a support person."
Do I need a lawyer? How on earth do I get one? Doubly so by Friday? I'm a graduate student so I only have a few thousand dollars in the bank (under $6K) and I've heard lawyers are terrifyingly expensive. Would having a lawyer make me look guilty and defensive?
I've not responded to that email in case I need to ask for more time to find legal council. I have responded to the followup email outlining the conditions I have to follow until then with "I have received this email."
My supervisor is travelling and so I can't get advice from them until the morning, if at all.
I've created an anon email at HiQZYrr4URBUMZwZ730@outlook.com for followup.
This post was deleted for the following reason: poster's request -- cortex
BTW, the only thing that bringing a lawyer to hearing where your reputation and career are at stake makes you look like is not an idiot.
posted by MattD at 3:01 PM on March 9, 2016 [15 favorites]
posted by MattD at 3:01 PM on March 9, 2016 [15 favorites]
Are you a member of a union? If so, contact your union and ask for a union rep to be present. They'll perform essentially the same function as an attorney and will be free.
posted by bigplugin at 3:04 PM on March 9, 2016 [8 favorites]
posted by bigplugin at 3:04 PM on March 9, 2016 [8 favorites]
Having a lawyer does not make you look guilty and defensive, it makes you look interested in protecting your rights as an employee, and your reputation as a professional, which you should be. This is a time when having a lawyer is necessary. When you are looking for a lawyer, make sure the person you select has worked with these sorts of cases before.
Write back to the message and explain that this meeting needs to be rescheduled because you are bringing a lawyer who is not available until after the date they offered you. Do not suggest any dates or times yet. They cannot have this meeting without you. When you find a lawyer, follow up and send a message to reschedule the meeting at a mutually convenient time.
An employment attorney might be willing to come to the meeting for a flat fee or for free if it's the first thing they are doing for you. Some attorneys do initial consultations for free. Don't be afraid to ask and to explain your financial situation.
posted by zdravo at 3:06 PM on March 9, 2016 [12 favorites]
Write back to the message and explain that this meeting needs to be rescheduled because you are bringing a lawyer who is not available until after the date they offered you. Do not suggest any dates or times yet. They cannot have this meeting without you. When you find a lawyer, follow up and send a message to reschedule the meeting at a mutually convenient time.
An employment attorney might be willing to come to the meeting for a flat fee or for free if it's the first thing they are doing for you. Some attorneys do initial consultations for free. Don't be afraid to ask and to explain your financial situation.
posted by zdravo at 3:06 PM on March 9, 2016 [12 favorites]
Most institutions with a graduate program should have a graduate students' association/society/union, to whom you're probably paying yearly dues, and it should be one of their duties to represent their members during conflict resolution. Contact them NOW.
(On preview, what bigplugin says above.)
posted by hangashore at 3:07 PM on March 9, 2016 [3 favorites]
(On preview, what bigplugin says above.)
posted by hangashore at 3:07 PM on March 9, 2016 [3 favorites]
I've had interpersonal conflict issues in the realm of university before, in SK. There is most likely a conflict resolution process to follow in the university, which your HR department is in charge of. The process should be relatively straightforward as it appears to be between peers. Frankly I think it's weird that if you're in the same department, that this isn't being dealt with internally first.
For what it's worth, unless there was an outright punishable offence committed, you aren't going to get expelled right off the hop. But this is without knowing any of the backstory of your situation.
going after the head of another department, however... that is a mountain to climb. I gave up on it.
posted by lizbunny at 3:12 PM on March 9, 2016
For what it's worth, unless there was an outright punishable offence committed, you aren't going to get expelled right off the hop. But this is without knowing any of the backstory of your situation.
going after the head of another department, however... that is a mountain to climb. I gave up on it.
posted by lizbunny at 3:12 PM on March 9, 2016
Does your university have a legal aid or student legal services office?
posted by Squeak Attack at 3:21 PM on March 9, 2016 [2 favorites]
posted by Squeak Attack at 3:21 PM on March 9, 2016 [2 favorites]
Does your university have an ombudsman/ombudsperson? Check with them in addition to grad students union, etc. as mentioned above.
posted by matildaben at 3:29 PM on March 9, 2016
posted by matildaben at 3:29 PM on March 9, 2016
I'd just like to add my voice to those saying that having an attorney does not make you "look guilty" and is in fact your only reasonable course of action. Especially when you've been explicitly told (in writing!) that you can bring counsel, which is as close as you're ever likely to come to a blinking neon sign that reads "BRING A LAWYER YOU SHOULD DEFINITELY HAVE ONE!!!!!" Seriously.
Be ready for the possibility that the lawyer isn't allowed to talk (or that someone thinks they can't but they actually can.) You should review your employer's writen policies for this kind of hearing, and bring a copy of the pertinent language with you.
Sign absolutely nothing until it's been reviewed by the lawyer you bring to the hearing, BTW. Signing things in haste is like the most classic blunder ever.
posted by SMPA at 3:30 PM on March 9, 2016 [6 favorites]
Be ready for the possibility that the lawyer isn't allowed to talk (or that someone thinks they can't but they actually can.) You should review your employer's writen policies for this kind of hearing, and bring a copy of the pertinent language with you.
Sign absolutely nothing until it's been reviewed by the lawyer you bring to the hearing, BTW. Signing things in haste is like the most classic blunder ever.
posted by SMPA at 3:30 PM on March 9, 2016 [6 favorites]
Please get your own lawyer. In the present political / ideological environment an ombudsman is unlikely to be in a position to be your zealous advocate. Politics notwithstanding, a graduate student union representative may not be competent to do so.
posted by MattD at 3:45 PM on March 9, 2016 [3 favorites]
posted by MattD at 3:45 PM on March 9, 2016 [3 favorites]
Look into legal aid, for sure.
posted by showbiz_liz at 3:47 PM on March 9, 2016
posted by showbiz_liz at 3:47 PM on March 9, 2016
Nthing that I'd be lining up a lawyer. Ideally one with some expertise in employment law in the academic setting. I'd call your local bar association for a referral. This is, as everyone has said, smart, and that is how it makes you look.
posted by bearwife at 4:34 PM on March 9, 2016
posted by bearwife at 4:34 PM on March 9, 2016
Agree with everyone else here, get a lawyer. That said I think it's totally bullshit they give you all of 2 days notice to do that, it's pretty unhelpful. Put in a call, ask about their rates and tell them your situation. There are people who specialize in labor law and I imagine they realize not every client is going to be wealthy. Maybe they have a good junior associate or something. It'll probably run a few hundred bucks but at least you'll get peace of mind that you did what you could.
posted by Hoopo at 4:35 PM on March 9, 2016
posted by Hoopo at 4:35 PM on March 9, 2016
If you can't find a representative in time, you can always respond and state that you need more time to arrange someone to accompany you and ask to reschedule. Don't let them bully you into taking the meeting on a couple days notice without someone to protect your interests.
posted by zachlipton at 4:48 PM on March 9, 2016 [2 favorites]
posted by zachlipton at 4:48 PM on March 9, 2016 [2 favorites]
I think people here are being very conservative. I say this as a person who's been involved (as the manager) in a dozen or so harassment complaints, only one of which ever rose to the level of requiring disciplinary action.
The email you got, from what you've said, sounds like a standard early step in an investigative process. The language that you're "entitled to be accompanied by legal counsel or a support person" reads like routine big-org stuff to me, just boilerplate designed to weaken your case a bit in the unlikely event you decide to sue later.
That said, you know what happened and we don't. If you physically assaulted your colleague, or threatened or bullied or demeaned him/her, especially repeatedly, then yeah you should get a lawyer. Otherwise, if it were me I would go alone and say off the top that you intend to mostly listen and aim to understand, and will likely refrain from saying too much at this point. As long as you don't implicate yourself, you can get a lawyer later if you need one. You can always stop the meeting and ask to resume it later, if it gets too uncomfortable.
But by all means get a lawyer if it will make you feel safer. And yes, check with your supervisor: they may be able to suss this out a bit for you with HR, and find out how serious it is.
posted by Susan PG at 4:57 PM on March 9, 2016 [3 favorites]
The email you got, from what you've said, sounds like a standard early step in an investigative process. The language that you're "entitled to be accompanied by legal counsel or a support person" reads like routine big-org stuff to me, just boilerplate designed to weaken your case a bit in the unlikely event you decide to sue later.
That said, you know what happened and we don't. If you physically assaulted your colleague, or threatened or bullied or demeaned him/her, especially repeatedly, then yeah you should get a lawyer. Otherwise, if it were me I would go alone and say off the top that you intend to mostly listen and aim to understand, and will likely refrain from saying too much at this point. As long as you don't implicate yourself, you can get a lawyer later if you need one. You can always stop the meeting and ask to resume it later, if it gets too uncomfortable.
But by all means get a lawyer if it will make you feel safer. And yes, check with your supervisor: they may be able to suss this out a bit for you with HR, and find out how serious it is.
posted by Susan PG at 4:57 PM on March 9, 2016 [3 favorites]
This thread is closed to new comments.
If you can't find a lawyer despite reasonable efforts tomorrow, ask for the hearing to be delayed until you can get one.
(Don't panic, by the way. The fact you got this notice and even protective instructions doesn't mean anyone has decided that any of the claims has any merit.)
posted by MattD at 2:59 PM on March 9, 2016 [8 favorites]