Legal Question in Employment Law in California
harassed at work, afraid of the person NO help from boss or HR
Was harassed x2 in a 4 hour period. Have 3-4 witnesses to the first incident and 1 witness who saw me shaken up after the 2nd encounter. The other person, was sent home I guess on suspension, when I lodged a complaint with my HR dept. It was investigated and all witnesses came forward and said what happened. From my understanding those and many others felt he should have been terminated for his behavior. This wasn't the first time he was complained about. Another manager filed a complaint, several months earlier. this person then went and submitted a rebuttal stating that I and another manager were retaliating again him for his counseling of us awhile back (this did not occur). He is a comanager and has no authority over us. I also have an email stating who spoke to me regarding this incident. Meanwhile, this employee during suspension, called a witness at least once where his Caller ID showed the other employee's name and number and then multiple calls came in short period of time, from an unknown number. The same day this suspended employee goes to the witnesses house twice at separate times and was seen by the witness, peeking through the windows. The suspended employee's wife is also a manager and may have divulged the info
2 Answers from Attorneys
Re: harassed at work, afraid of the person NO help from boss or HR
Depending on what you mean by "harassed," you might ask the company to file a petition to prohibit workplace violence. You stated that you're "afraid" of this person. Does that mean you fear for your safety? If so, this might be the route to go.
Re: harassed at work, afraid of the person NO help from boss or HR
Just because you were harassed does not mean you have a claim against the employer. You must have been ingaged in "protected activity" to be protected by the DFEH and EEOC. That means that you were subjected to discrimination, sexual harassment, violence in the workplace or retaliation for complaining about any of the above. You could also be protected if you participated in an investigation or were a whistle blower to an outside agency, such as Cal OSHA or the Labor Dept. Feel free to contact my office for a free evaluation of your case.
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