Legal Question in Employment Law in California

I'm not necessarily sure your question makes "legal" sense. When an employee makes a complaint of sexual harassment, the employer should conduct a thorough investigation, which generally includes getting statements from the alleged harasser and the victim and interviewing any possible witnesses. The goal is to reach a conclusion as to whether or not sexual harassment occurred.

However, even if the employer concludes that the conduct complained of does not constitute sexual harassment, the employer almost certainly cannot take any adverse action against the complaining employee (the victim), even though the employer ultimately found the complaint to be unfounded or invalid.

If the employer takes any adverse action, such as cutting hours, cutting pay, demotion, or termination, because of the complaint of sexual harassment, the employer has retaliated against the employee, which is prohibited by California Government Code section 12940.

If this is the situation, or you believe your employer is treating you unlawfully, you should seek legal advice immediately. My firm would be happy to help. The best way to get us the information we need is to complete our Confidential Online Case Evaluation Questionnaire, which can be found at www.sarnofflaw.com. You can also call us at (213) 536-4236, or email us at [email protected].

Whatever the employer says it is, if you are a supervisor being accused of failing to properly deal with or investigate some other employee's discrimination / harassment complaint.

Not only are there no laws against 'unfair treatment' or poor management, but in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, unless it is based upon illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes.

The employee's goal should be to keep the employer happy and make the company money. That�s how they pay your wages. Now if the firing was illegal under those definitions, feel free to contact me for the legal help you�ll need.