Legal Question in Sexual Harassment in California

Re: How Do I know If I have a case?

It appears that you do have a case and may sue both the employer and your ex-boss. How strong it is depends on the number, frequency and severity of the incidents. Feel free to call at 805/641-6600 to discuss further.

Re: How Do I know If I have a case?

I think you have a great lawsuit. This is a classic sexually hostile work environment case. I would call an attorney now...

Re: How Do I know If I have a case?

In general, you may have a claim for sexual harassment. If the alleged harasser was a supervisor then you have a claim against the employer. The first step to your claim, if you wish to proceed is to file a complaint with the Department of Fair Employment and Housing. If you desire further advise, please contact our office.

Re: How Do I know If I have a case?

You can sue the company and individual, but unless you have independent corroboration by witnesses, it is your word versus his. Did anyone hear him? Did you tell anyone at the company or elsewhere at the time he did these things? Do you have any proof other than your word? If so, contact me to discuss your evidence and procedure for filing suit.

Re: How Do I know If I have a case?

Just from the basic facts you've given, it does appear that you have a case, although more details would be necessary.

To answer your question, both your boss and the employer would be potentially liable, and should be named in any lawsuit.

Our firm handles matters like these, so if you have any questions, or want more information, please feel free to call me, or email me at [email protected]. Best of luck.

Re: How Do I know If I have a case?

The facts you report may support both a claim for quid pro quo sexual harassment and hostile work environment. You indicate that more things happened and ultimately you quit you job.

Depending on the full set of facts, you may also have a viable claim for constructive discharge, which means you were forced to quit your job because of your employer's unlawful conduct. There are timelines you must follow in order to preserve your rights. Also, depending on whether your employer is a private company or public entity, there are different procedures you must follow to preserve your rights.

You should consult with an attorney immediately to make sure your rights are fully protected.

If you are in the San Diego area, I would be happy to provide you a free consultation. Whatever you decide, good luck.