Legal Question in Employment Law in California
Im a caregiver and was working for a private owned company.i put my 3o day notice due to an ongoing problem with a resident verbally and sexually harassing me.thr harrasment was repoted to my supervisor and documented.i was told by my supervisor that nothing could be done.on jan 5th I eas denied my final check by my supervisor and was told I had to write my notice in irder to obtain my final check I had given my verbal notive dec 16th.and had not worked as of dec 25th I was told jan 3rd by my supervgisor that I was no longer needed or scheduled to work.i gave my writen notice with most of the info listed above and kept my copy.please advise.thank you.
2 Answers from Attorneys
Sexual harassment in the workplace is unlawful. After you notified your employer of the sexual harassment, your employer had a duty to investigate it and make it stop. Because he/she did not do so, you may have a good case for sexual harassment if it was either severe or pervasive. It is unlawful to withhold your final paycheck for ANY reason. Since you gave more than 72 hours' notice your employer was legally obligated to provide your final paycheck on your last day of work. Since he/she did not do so, they owe you one day's pay for each day you have to wait for your final check - up to 30 days maximim PLUS attorneys' fees. Contact an employment law attorney. Most of us offer a free initial phone consultation and take cases on a contingent fee basis. 949-481-6909
It seems that you may have a valid stress claim for sexual harassment and verbal abuse under worker's compensation laws. You may be entitled to temporary disability benefits If a doctor certify you for disability. My office has handled several cases similar to your ordeal. Additionally, you may also have a valid civil case against your employer regarding the sexual harassment. Feel free to call us at 213.388.7070 for a free attorney consultation.
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