Legal Question in Employment Law in California

After filiing a sexual harassment complaint against a co worker i was written up. Three months later i was fired.


Asked on 1/11/12, 4:31 pm

3 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Not sure what your questions is. If you are asking is it illegal to retaliate against an employee who complains about being sexually harassed, the answer is yes.

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Answered on 1/11/12, 4:38 pm
David Sarnoff Sarnoff + Sarnoff

If you believe you were written up and subsequently fired because you filed the sexual harassment complaint, then you may have a claim for harassment and retaliation. Pursuant to the California Fair Employment and Housing Act, it is unlawful for an employer to take any adverse employment action against you based on making such a complaint if you reasonably believed the complaint to be valid. I would need more information in order to fully evaluation your claims, such as what was the basis for your sexual harassment complaint, whether or not you were ever written up before this incident, and if the person you either complained about or complained to is the same person who gave you the write up and fired you.

Feel free to call my office at (877) 877-2545 or (213) 536-4236 to discuss this in more detail. You can also visit our website at www.sarnofflaw.com for more information and to complete our Confidential Online Case Evaluation Questionnaire, which will provide us with much of the information we need.

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Answered on 1/11/12, 4:44 pm
Terry A. Nelson Nelson & Lawless

If you believe you can prove that the termination was actually in retaliation for you making a claim, then you may have grounds for a lawsuit. It requires more than your mere speculation about motive and the coincidences of the facts. It does seem questionable and suspicious, but winning any case will depend on all the facts, witnesses, documents, your performance record, comparison of other employee discipline or termination history, etc. Now if serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. You need to make the strongest 'presentation' possible from the very beginning, and I've been doing these cases for several decades.

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Answered on 1/12/12, 11:28 am


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