Workplace Harassment Legal Process

Summary

In France, workplace harassment cases involve several steps. Initially, the gendarme gathers evidence and contacts the accused. The dossier is then transferred to the appropriate jurisdiction. The prosecutor reviews the report to decide on a formal investigation. Victims may receive a notification letter about their rights and the option to become a partie civile to claim damages. The process can take time, often around two months after the dossier transfer. Stay in contact with the gendarme for updates and be prepared for the accuseds interview by the jurisdictional authorities.

Full Conversation

the union has sent a detailed chronological report with emails of diffamation slander and harassemnt to the frech public prosecutors office. the gendarme with jurisdiction over the victim reached out to the victim and invited them in to provide a personal statement and to file an official complaint; the gendarme then sent the victim a requisitionn for a foresnics medical jusdiciare interview and has told the victim he will phone them to update themonce the file was completed and to tbe sent to the propoer authorities for contact with one of the perpetrators in the plainte
Thank you for providing the details. It seems that the gendarme is taking appropriate steps to address the situation. Here are some key points to note:
- The victim should provide a detailed personal statement to the gendarme.
- File an official complaint (plainte).
- Attend the forensic medical judicial interview as required.
- Cooperate with the gendarme for updates and further instructions.
Do you have any specific concerns or questions regarding these steps?
yes. first the medial interview is to be held in a department where certain umjs are associated with the laboratory of the haraseement and the victim worked with one in particular). what shoudl the victim do since th eappointment is booked in * weeks
Thank you for the details. Given the situation, here are some steps the victim can take:
- Inform the gendarme about the potential conflict of interest with the UMJs.
- Request a change of location for the medical interview to ensure impartiality.
- Follow up with the gendarme for confirmation of the new appointment.
Is there anything else you would like to know or need help with?
there is only this office of the umj in the city we live in
Thank you for the additional information. Given that there is only one UMJ office in your city, here are some steps the victim can take:
- Inform the gendarme about the potential conflict of interest.
- Request that the interview be conducted by an independent UMJ in a nearby city.
- Ensure that all concerns are officially documented.
Would you like assistance in finding the nearest alternative UMJ office?
no should the victi inform the prosecutors office?
Yes, the victim should inform the prosecutor's office about the potential conflict of interest with the UMJ. This ensures transparency and may help in arranging an impartial medical interview.
the victim contacted france victim and told him to write this to the inspector de travail because they think that they cannot change the office of the umj
It seems like the victim is facing a challenging situation. Here are the steps the victim can take:
- **Inform the Inspector de Travail**: Clearly explain the conflict of interest with the current UMJ.
- **Request Assistance**: Ask if the Inspector de Travail can assist in arranging an independent UMJ or provide guidance on how to proceed.
Would you like help drafting a letter to the Inspector de Travail?
but why the inspector de travail? it is not the private sector. in french law the public sector has different rules?
Thank you for your detailed information. In France, the Inspector de Travail can sometimes provide assistance in workplace harassment cases, even in the public sector, by ensuring that workplace rights and safety are upheld. However, you are correct that different rules generally apply.
To clarify your situation better, could you please confirm if the harassment involves any specific public sector regulations or entities? This will help provide more tailored guidance.
yes it affects * large frech research institutes
Thank you for the clarification. In cases involving public sector employees, including those at research institutes, it is important to follow the specific regulations that apply. Here are some steps the victim can take:
- Inform the prosecutor's office about the conflict of interest with the UMJ.
- Contact the relevant HR department at both research institutes to report the harassment and the conflict of interest.
- Seek advice from a specialized public sector union or legal advisor.
Is there any specific regulation or entity you need more information about?
ok given the steps taken so far what should the victim expect next
Based on the steps taken so far, the victim can expect the following:
- **Response from the Prosecutor's Office**: They may provide updates or instructions regarding the conflict of interest with the UMJ.
- **Follow-up from the Gendarme**: The gendarme might call with updates on the case and any new arrangements.
- **HR Department's Action**: The HR departments of the research institutes may initiate internal investigations or provide support.
Is there anything specific you would like to know about these steps?
the hr has done nothing in 3 years
I'm sorry to hear about the lack of action from HR. Here are some steps the victim can take:
- **Document Inactivity**: Keep detailed records of HR's inaction.
- **Inform Higher Authorities**: Escalate the issue to higher management or the relevant government oversight body.
- **Seek Union Support**: Engage with the public sector union for further assistance.
Is there anything specific you need help with regarding these steps?
yes i told you we are beyond tht the union sent all documented evidence of the harassement and the inactions of hr to the public prosecutors office
Thank you for the update. Given that all documented evidence has been sent to the public prosecutor's office, the next steps could include:
- **Await Prosecutor's Response**: Monitor for any updates or instructions from the prosecutor’s office.
- **Follow Up with Gendarme**: Ensure continuous communication with the gendarme for case updates.
- **Prepare for Legal Proceedings**: Be ready to provide additional information or attend hearings if required.
Is there anything specific you need assistance with at this stage?
yes. the gendarme told me he will contact one of the accused and pass the dossier to the next police or gendarme office that has juristiction. I learned he called the syndicate for some clarifications. He told me yesterday he will keep me informed of the procedure and developments especially the case number once it goes to the new office
Thank you for sharing the details. It appears the gendarme is taking steps to ensure proper jurisdiction is followed. Here are some key points to keep in mind:
- **Stay in Contact**: Continue to communicate with the gendarme for updates.
- **Document Everything**: Keep detailed records of all communications and developments.
- **Prepare for New Contacts**: Be ready to engage with the new police or gendarme office once the dossier is transferred.
Do you have any specific concerns or questions about this process?
yes what would the new gendarme want from me
The new gendarme will likely require:
- A detailed personal statement about the harassment.
- Copies of all relevant documents and evidence.
- Updates on any new incidents or developments.
- Cooperation for any further interviews or investigations.
Is there anything specific you would like to know about preparing these materials?
i was told once the process is initiated now it moves to an initial investigation which is forma since a plainte has been made is this right?
Yes, that's correct. Once a "plainte" is filed, it triggers a formal initial investigation. Here are the key points:
- **Initial Investigation**: The gendarme or police will gather evidence, interview witnesses, and collect statements.
- **Judicial Process**: The prosecutor will evaluate the findings to decide on further legal actions.
Do you have any specific concerns about the investigation process?
yes. i was told the prosecuotrs office will send me a letter at this point and i will be asked something about civil something. what is this about
It sounds like you might be referring to a "partie civile" (civil party) status. Here are the key points:
- **Partie Civile Status**: Allows the victim to join the criminal proceedings as a civil party.
- **Compensation**: You can claim damages for the harm suffered.
- **Legal Representation**: Consider appointing a lawyer for guidance.
Do you need more information on how to become a "partie civile"?
yes what letter is this from the prosecutors office?
This letter from the prosecutor's office is likely related to your status as a "partie civile" (civil party) in the case. Here are the key points:
- **Notification**: Informing you about the initiation of the formal investigation.
- **Partie Civile**: Asking if you wish to join the criminal proceedings as a civil party.
- **Instructions**: Providing information on how to proceed, including potential compensation claims.
Would you like more information on how to respond to this letter?
yes
Sure! Here are the steps to respond to the prosecutor's letter regarding becoming a "partie civile":
*. **Read the Letter Carefully**: Understand all instructions and information provided.
*. **Express Interest**: Write a formal letter stating your wish to become a "partie civile."
*. **Provide Details**: Include your personal details, the case number, and a brief summary of your complaint.
*. **Claim for Damages**: Specify any compensation you are seeking for the harm suffered.
*. **Legal Representation**: Consider mentioning your lawyer if you have one.
Would you like a template for this response letter?
so i should get something official from the prosecutors office ? when will this occur?
Yes, you should receive an official letter from the prosecutor's office regarding your status as a "partie civile." This typically occurs after the formal investigation is initiated.
Would you like more details on what to expect next?
when isa formal investigation initiated?
In France, a formal investigation is typically initiated after a "plainte" (complaint) has been filed and accepted by the prosecutor's office. Here are the key points:
- **Complaint Filed**: A "plainte" is officially lodged.
- **Prosecutor’s Decision**: The prosecutor decides to open a formal investigation.
- **Notification**: The victim is notified about the initiation of the investigation.
Do you have any specific concerns about this process?
yes, will i be informed of this before the accused are interiewed?
Yes, typically you will be informed about the initiation of the formal investigation before the accused are interviewed. Here are the key points:
- **Notification**: The prosecutor's office will notify you about the formal investigation.
- **Updates**: You may receive updates on the investigation's progress.
- **Rights**: You have the right to be kept informed of significant developments.
Is there anything specific you'd like to know regarding this process?
what exactly is this notification
The notification you will receive from the prosecutor’s office will inform you about the following:
- **Initiation of Formal Investigation**: Confirmation that the formal investigation is starting.
- **Your Rights**: Information about your rights during the investigation process.
- **Partie Civile Status**: An option to become a "partie civile" (civil party) in the proceedings.
- **Next Steps**: Instructions on what to do next, including how to claim damages.
Would you like more information on any of these points?
yes
Sure, here are more details on the points covered in the notification:
*. **Initiation of Formal Investigation**:
- The letter will confirm that the prosecutor has decided to open a formal investigation based on your complaint.

*. **Your Rights**:
- The notification will outline your rights as a victim, including the right to be informed about significant developments and to participate in the investigation process.
*. **Partie Civile Status**:
- The letter will explain how you can become a "partie civile", which allows you to join the criminal proceedings as a civil party, thus enabling you to seek compensation for damages.
*. **Next Steps**:
- Detailed instructions will be provided on how to proceed, including how to submit any additional evidence, attend any necessary hearings, and possibly claim compensation.
Would you like a template for responding to the prosecutor's letter or information on any specific step?
no id like an idea of the prosecutors letter what it says broken down also so i understand it
Certainly! Here's a breakdown of what the prosecutor's letter might include:
*. **Introduction**:
- Confirmation of the initiation of a formal investigation.
- Reference to your initial complaint.
*. **Your Rights**:
- Outline of your rights as a victim.
- Information on how to stay informed about the investigation.
*. **Partie Civile**:
- Explanation of how to become a "partie civile."
- Details on how to claim compensation for damages.
*. **Next Steps**:
- Instructions on what to do next.
- Guidance on submitting additional evidence or attending hearings.
*. **Contact Information**:
- Details on how to contact the prosecutor's office for further inquiries.
Would you like any specific part of the letter explained in more detail?
so i need to wait for the gendarme to complete his report to the prosecutors office and then i will get this? the gendarme mentioned on the telephine that he was looking to contact the accused
Yes, that’s correct. You will need to wait for the gendarme to complete his report and send it to the prosecutor's office. Here are the key steps:
- **Gendarme's Report**: Wait for the gendarme to finish the report.
- **Prosecutor's Review**: The prosecutor will review the report and decide on the investigation.
- **Notification**: You will receive a letter from the prosecutor's office.
Is there anything specific you need help with regarding this process?
but if the gendarme contacts the accused before the prosecutor sends the letter does that make sense?
Yes, it makes sense for the gendarme to contact the accused before the prosecutor sends the letter. Here are the key points:
- **Initial Steps**: The gendarme gathers information, including contacting the accused.
- **Report Submission**: The gendarme submits the report to the prosecutor.
- **Prosecutor's Decision**: The prosecutor reviews the report and decides on the formal investigation.
- **Notification**: You receive a letter from the prosecutor about the formal investigation.
Is there anything specific you would like to know about this process?
im confused, if they contact the accused but then the prosecutor can decide notto take further action ?
Yes, the prosecutor can decide not to take further action even if the gendarme contacts the accused. Here are the key points:
- **Gendarme's Role**: The gendarme gathers evidence and contacts the accused for preliminary information.
- **Prosecutor's Decision**: After reviewing the gendarme's report, the prosecutor can decide whether to proceed with the case or not.
- **Outcome**: If the prosecutor decides not to take further action, they will inform you of this decision.
Do you have any specific concerns about this possibility?
but why did them make me take a rdv with the umj so that i just cancel it afterwards?
It sounds frustrating to have to make and possibly cancel an appointment with the UMJ. Here are some possible reasons why this might happen:
- **Procedural Requirement**: The appointment might have been a required procedural step.
- **Preliminary Evidence**: The UMJ examination could provide initial evidence needed for the investigation.
- **Change of Plans**: New developments in the case might have led to the cancellation.
Would you like to know more about what to expect next in this process?
yu have confused me none of this makes sense now
I apologize for any confusion. Let's clarify the key points step-by-step:
*. **Gendarme's Role**:
- Collects evidence and contacts the accused.
- Submits a report to the prosecutor.
*. **Prosecutor's Decision**:
- Reviews the gendarme's report.
- Decides whether to open a formal investigation.
*. **UMJ Appointment**:
- Might be required for gathering preliminary evidence.
- Could be canceled if the investigation's direction changes.
*. **Notification**:
- You will be informed by the prosecutor's office about the formal investigation and your rights.
Would you like to focus on a specific part to understand better?
the gendarme toldm e he needs to send the dossier to the police or gendarem having jurisdiction over the accused
Thank you for clarifying. Here are the key steps moving forward:
- **Gendarme's Actions**: The gendarme will gather evidence and contact the accused.
- **Jurisdiction Transfer**: The gendarme will transfer the dossier to the police or gendarmerie with jurisdiction over the accused.
- **Prosecutor's Review**: The prosecutor reviews the dossier and decides on the next steps.
- **Notification**: You will be informed about the initiation of the formal investigation and your rights.
Is there anything specific you would like to understand better about these steps?
i wwas sent the requisition for the umj so that the gendarme who first contacted me suite of himo btainin the unions plainte from the prosecuotrs office
Thank you for providing the detailed information. Here are the key steps you can expect next:
- **UMJ Appointment**: Attend the forensic medical judicial interview as required.
- **Gendarme's Report**: The gendarme will complete the report and transfer the dossier to the relevant jurisdiction.
- **Prosecutor's Decision**: The prosecutor will review the dossier and decide whether to proceed with the formal investigation.
- **Notification**: You will receive a letter from the prosecutor's office regarding the initiation of the formal investigation and your rights.
Do you have any specific questions about any of these steps?
what does the gendarme need to complete? he told me he needed to send me the requisition for the umj
The gendarme needs to complete the following steps:
- **Gather Evidence**: Collect all relevant information and evidence, including your personal statement and documents from the union.
- **Requisition for UMJ**: Send you the requisition for the forensic medical judicial interview (UMJ).
- **Contact the Accused**: Reach out to the accused for their statements.
- **Transfer Dossier**: Compile the dossier and transfer it to the police or gendarmerie with jurisdiction over the accused.
Is there anything specific you need help with regarding these steps?
yes. The gendarme of my jurisdiction will be the first to contact the accused?
Yes, typically the gendarme of your jurisdiction will be the first to contact the accused. Here are the key points:
- **Initial Contact**: The gendarme in your jurisdiction reaches out to the accused for preliminary information.
- **Gathering Evidence**: This includes collecting statements and other necessary evidence.
- **Transfer Dossier**: The gendarme then compiles and transfers the dossier to the appropriate jurisdiction.
Is there anything else you'd like to know about this process?
at the interview when i filed th ecomplaint he found the accuseds picture online asked me to confirm its him; asked me if i knoew his residence that would help him find the appropriatee juristiction
It sounds like the gendarme is trying to ensure they have the correct jurisdiction to proceed with the investigation. Here are the key points:
- **Identification**: Confirming the accused's identity through a picture.
- **Residence Information**: Determining the accused's residence to establish the correct jurisdiction.
- **Next Steps**: The gendarme will transfer the dossier to the police or gendarmerie with jurisdiction over the accused.
Is there anything specific you need help with regarding this process?
so when is the this initial ivestigation become formal? when do i know from th eprosecutors office what is happening
The initial investigation becomes formal once the prosecutor reviews the gendarme's report and decides to proceed. Here are the key steps:
- **Completion of Gendarme's Report**: The gendarme completes and submits the report.
- **Prosecutor's Review**: The prosecutor evaluates the report.
- **Notification**: You receive a letter from the prosecutor's office confirming the formal investigation.
Would you like any specific part of this process explained further?
but this happens after an interview with the accused?
Yes, typically the formal investigation is initiated after the gendarme has contacted and interviewed the accused. Here are the key steps:
- **Gendarme Interviews Accused**: Collects their statements and any relevant evidence.
- **Gendarme Completes Report**: Compiles all the gathered information.
- **Submission to Prosecutor**: The report is sent to the prosecutor for review.
- **Prosecutor's Decision**: The prosecutor then decides whether to proceed with the formal investigation.
- **Notification**: You will be informed by the prosecutor's office about the initiation of the formal investigation.
Is there anything specific you would like to understand better about these steps?
still confused. the accused will blame everyone possible and prolong his statement.
I understand your concern about the accused potentially prolonging the process. Here's a simplified overview of the key steps:
*. **Gendarme's Investigation**:
- The gendarme gathers evidence and interviews the accused.
- Completes the report and determines the correct jurisdiction.
*. **Prosecutor's Review**:
- The prosecutor reviews the gendarme's report.
- Decides whether to proceed with a formal investigation.
*. **Formal Investigation**:
- If the prosecutor decides to proceed, you will receive a notification letter.
- The formal investigation begins, and you can become a "partie civile."
Would you like to focus on any specific part of this process for more clarity?
the accused will be interviewed however by the police or gendarme having jurisdiction in his area. so the gendarme still needs to send this to them right since he does not depend onthe same gendarme
Yes, you are correct. Here are the simplified steps:
*. **Gendarme's Initial Actions**:
- Your local gendarme gathers evidence and prepares the report.
- Identifies the correct jurisdiction based on the accused's residence.
*. **Transfer of Dossier**:
- Your local gendarme sends the dossier to the police or gendarmerie with jurisdiction over the accused.
*. **Interview by Jurisdictional Gendarme**:
- The gendarme or police with jurisdiction over the accused will interview them.
*. **Prosecutor's Review**:
- The prosecutor reviews the completed dossier, including the accused's statement, and decides on the formal investigation.
*. **Notification**:
- You will receive a letter from the prosecutor's office about the initiation of the formal investigation and your rights.
Would you like to know more about any specific step?
so the gendarme had told me it was unlikley i would jear anything for 2 months in his opinion
Thank you for the clarification. Here are the key points to keep in mind:
- **Waiting Period**: It may take around 2 months to hear back due to the time required for the gendarme to gather evidence, transfer the dossier, and for the prosecutor to review it.
- **Follow Up**: Stay in contact with the gendarme for updates.
- **Notification**: Expect a formal notification from the prosecutor's office once the process advances.
Would you like more information on any part of this timeline?
he told me 2 months from when he transfers the document
Thank you for clarifying. Here are the key points:
- **Transfer of Dossier**: The gendarme will transfer the dossier to the relevant jurisdiction.
- **Waiting Period**: Expect about 2 months from the transfer date to hear back.
- **Follow Up**: Maintain communication with the gendarme for updates.
Is there anything specific you need help with during this waiting period?
he told me hes *% sure they will interview the accused.
Thank you for the update. Here are the key points to keep in mind:
- **Gendarme's Confidence**: The gendarme believes there is a high likelihood (*%) that the accused will be interviewed.
- **Transfer of Dossier**: Expect the dossier to be transferred to the appropriate jurisdiction.
- **Waiting Period**: Prepare for approximately 2 months from the transfer date for further updates.
- **Follow Up**: Stay in touch with the gendarme for any developments.
Is there anything specific you need assistance with during this period?