Legal Question in Employment Law in California

I complained against my boss for harassment. They are trying to get rid of me now. Is it better to go out on stress leave and sue or just keep working until they fire me? Will I still be able to collect unemployment.


Asked on 1/21/12, 7:18 pm

1 Answer from Attorneys

In order to be able to properly advise you, it is important to know what type of harassment your boss subjected you to and the precise contents of your complaint to the company. It is illegal for most employers to harass employees based on their sex, gender, race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, age, sexual orientation, or marital status or because the employee closely associates with someone who possess one or more of these characteristics. Most workplace harassment, therefore, is not illegal. If you are being harassed by your boss because she doesn�t like how you dress, is threatened by you, is in a bad mood, or doesn�t like your personality, it is not illegal. In general, it is not illegal to be rude, obnoxious, or just plain mean in the workplace if the behavior is not motivated by a discriminatory reason. If you believe you were harassed because of your sex, gender, race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, age, sexual orientation, or marital status and you complained to the company about harassment based on one of these characteristics, please feel free to call our office at (877) 877-2545 or fill out an online questionnaire at our website, www.sarnofflaw.com, so we may further advise you regarding your situation.

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Answered on 1/23/12, 4:11 pm


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