Legal Question in Employment Law in California

I have been being harassed/bullied by two co-workers. After a falling out, they have been taking it out on me at work, not scheduling hours for me, putting in false complaints to the supervisor, spreading lies about me to other employees. The two employees are managers. I have brought up the issues with my supervisor and he attempted to "fix" the problems by calling the employees and telling them to schedule me at work. I got into an argument with one of them at work and finally we to HR. The only evidence I have is a voicemail left by one of the employees, drunk, telling me to f**k off and go to hell. HR doesn't seem to think that is harassment and is dismissing my claims because it is my word against theirs. HR has told me I will need to sign an "action plan" before a deadline or it was implied that I will be fired. I have not been scheduled to work for over a week now and I think they are hoping I will quit. At this point, I will be forced to if I can't get any hours. Is there anything I can do legally?


Asked on 10/13/17, 8:23 am

1 Answer from Attorneys
David Sarnoff Sarnoff + Sarnoff

It really depends on why they are harassing/bullying you. If the "falling out" was the result of protected activity at work, or because you are a member of a protected category, then it might be legally actionable. The California Fair Employment and Housing Act ("FEHA") is California's anti-discrimination/anti-harassment/anti-retaliation statute that prohibits discrimination, harassment, and/or retaliation because of one's age, disability, race, gender, gender identity/expression, sexual orientation, religion, national origin, ancestry, marital status, military status or because you requested or needed family/medical leave. If the harassment/bullying is NOT because of one of those reasons (such as an argument between friends that resulted in the "falling out"), then you likely do not have a case. For more information, please contact our office at (877) 877-2545 or visit our website at www.sarnofflaw.com.

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Answered on 10/17/17, 10:40 am


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