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Do You Have A Sexual Harassment Case? Only If You Preserve The Evidence

Haylie works at a gaming company in Las Vegas, Nevada. Her co-worker, Fred, starts to make inappropriate sexual comments to her on a regular basis. Haylie tells Fred to stop, but he kept making the comments over and over. Fred isn’t stupid though. He only makes the comments when nobody else is around.

Haylie then sends Fred a text message telling him, “Fred, you are really making me feel uncomfortable. Your comments need to stop.” Fred texts back, “You know you like it.” Haylie saved the text. Fred sends several more inappropriately harassing messages to Haylie.

Haylie smartly went to her human resources department and reported Fred for sexual harassment. The Human Resources Director did nothing about it.

Fred continues to harass Haylie. Haylie decides to record freaky Fred on her phone. (In Nevada, recording another party to the conversation is legal, as long as the conversation is in person and the person doing the recording is a party to the conversation). On the recording, Fred is heard saying, “I really want you. I won’t give up, no matter what you say.” Haylie responds, “You need to stop.” Fred then grabs Haylie inappropriately.

Haylie continues to work at the Nevada-based gaming company, Fred continues to harass Haylie. Eventually, Haylie gets a new phone, and saves the old phone at her house. Unfortunately, Haylie’s 2 year old child gets a hold of the phone, and drops it in the toilet. Gone is the recording, gone are the text messages.The only evidence Haylie has is that she went to Human Resources.

Haylie should have placed the telephone in a secure area to ensure preservation of the evidence. The case is now much tougher, because, essentially, Haylie has only a fraction of the documentation for the jury.

The lawyers at the Las Vegas office of Lagomarsino Law repeatedly advise their sexual harassment clients to save all of the evidence. Save Facebook and Myspace postings, e-mails, texts and recordings. These are the lifeblood of your case. While credibility of the client is always an issue, neutral evidence is the most effective in presenting your case.

We also recommend that you contact our office early on if you are being harassed. We can then advise you on how to best conduct yourself so all of your rights are protected.

Please feel free to contact us with any questions. We offer free, no cost consultations at all of our offices, including our Las Vegas office. You can reach us through our toll free telephone number 1-866-414-0400.