Legal Question in Disability Law in California

Employment Harrassment

I work for a small office of roughly 10 people. The owner, my boss has been verbally abusive to me as well as co-workers since I started 3 months ago. He smokes inside the office, he uses profanity directed at me, and views pornographic material while at work. After a heated discussion from his verbal abuse, I left and said I needed a break. I have had headaches almost daily since I started, and I have been under an enormous amount of stress. I did not return for three days and was told I abondoned my position. I did not quit, in fact, I called and spoke with a co-worker since my boss was not in the office and said I would be in on the following Monday. What is my legal recourse, if any?


Asked on 2/06/02, 8:26 pm

2 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Employment Harrassment

I would need a few more facts, such as, are you male or female, is your boss male or female. It is unlawful for him to be smoking inside the office.

You probably have a case against the employer, but it would depend on a number of factors. If you wish, you can call my office at 925-924-0100

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Answered on 2/13/02, 3:16 pm
Patty Lewis Law Office of Patricia Ann Lewis

Re: Employment Harrassment

have you been terminated? if so, you may have a claim for wrongful termination . . .

however, many questions must be asked with an eye to a complete analysis of your claim . . .

you can file a claim with the California Fair Employment and Housing office near you and they will do an investigation for you free of charge . . .

or you can seek counsel from an attorney in your area who can help you evaluate your claim . . .

whatever you do . . . you must act immediately . . . there are very specific time frames which must be followed or you may forever lose the right to damages . . .

contact either a lawyer or your local FEHA office now . . . good luck . . . Patty Lewis . . .

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Answered on 2/14/02, 12:38 am


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