Legal Question in Employment Law in California

I am female and have worked at a company for one year, at a director level. My salary is $125K/year. The boss who hired me was fired last week as a result of the findings from a psychology feedback interview that was given to roughly 20 diffrent employees. I participated in these interviews, which focused on the relationship between my boss and another Exec leader. The interview was held over the phone, and was supposed to be confidential to the best of my knowledge. I disclosed the treatment that I had received from my boss: subjected to repeated inappropriate sexual comments (about other people, not myself), subjected to inappropriate sexual hand gestures -- over and over again when we were on conference calls in her office (jacking-off movements, etc.), name calling wth reference to male private parts, offsite meeetings involving drinking alcohol. I don't drink alcohol and was pressured several times to drink (i did once). She changed my job position with no notice, no reason, and told me that I was not able to "think about it"--no "thinking about it"--"there were two choices--take the other position, or have no job". She threatened firing me if I ever talked to adjacent business management executives about anything from our department. She would stop talking to me for days on end, and stopped inviting me to meetings for direct reports (my peers were going, but not me). All of this created excessive amounts of worry and stress. One day I found my job posted online and when I asked her about it she said it was an online error. When I tried to confirm that with the company's general counsel (since I can't go to HR), she threatened me again for going to someone other than herself. At this point, which was four months ago, I began searching for jobs -- I couldn't find one that would begin to be close to what I was making currently that would provide me enough money to take care of my family. I started going to therapy to try to relieve the anxiety, and increased doses of an anti-anxiety medication through a psychiatrist. There were many other instances that I have documented where she discarded my sexuality (lesbian) as "other", making a reference to my sexuality as "likes animals". The list goes on and on. I have been looking for other work for 4 months but have a family of 5 that I support myself and have not been able to leave the company. The company has had no confidential Human Resource department to turn to. The HR person is young and friends with many people at work so nothing is kept confidential. So, my boss was fired last week--and I may have a job offer coming this week from a new employer. The new job would be less money--but my quality of life would improve greatly due to such a large reduction in anxiety and stress from the work environmentthat I am currently in. I have worked here feeling violated for so long, and singled-out and harrassed and even though my boss has been fired, I feel unsafe and very vulnverable contining my employemnt here. Do I have any rights in this situation? Does the harrassment that I have suffered enough to hold them liable? I have documented everything--but now that they fired my boss, does that prohibit me from being able to take a case to a lwayer? Thank you.


Asked on 7/17/12, 8:40 pm

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Hello.

This is very good question that might be useful to many others in this not uncommon situation. Here is the short answer: if you quite on your own/resign then you don't really have a (significant claim). If your wages remained about the same throughout the whole time and the negative treatment following your disclosing infromation during the confidential investigation didn't amount to a tangble detriment (termination or other loss of wages) it would not be worth pursuing any legal action. If, however, you are terminated as a result of the disclosures you made or due to your being on any kind of disability leave in connection with your anxiety and related treatment, you might have a legitimate claim.

It sounds, however, that you are doing the right thing. Moving forward to another job and a better workplace environment is probably in your best interest, even if you are paid less. But again, since the move is voluntary, your current employer cannot be held liable.

Thanks,

Arkady Itkin

San Francisco Employment Lawyer

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Answered on 7/17/12, 10:58 pm


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