Legal Question in Employment Law in California

I believe I am being harrassed at work. I filed a sexual harassment claim in 12/14 and 4 mnths later a resolution was reached that the HR dept could not find evidence to support it because they claimed they asked the perpetrator and he denied the action. right after that time HR dept started listening to all of my phone calls, entering my computer and removing documents without my knowledge, and making a file on me which they refuse to show me. Earlier this year I was given a bonus and a good performance review. in July a new mgr was assigned to me and she immediately put me on a pip for heresay froma part time employee and who knows what else. Back in march I hurt my back not workers comp and went to a doctor. I worked throught the pain as work was very busy. In Jyuly I could no longer tolerate the pain so when back to my doctor. he put me on Short term disability. The day ater I submitted my doctors note my company cell phone was turned off without notigfication, and my company email and access to any internal documents was turned off completely. They also asked me to work during my disalbility which i refused. I requested my emplyee file and they sent me a few pages but the sexual harassment and a job description, and orejected all email communication from my 2 personal email addresses. theey bounce backther docs are missing. It has been 36 days from my request and they have now denied all email communication from my 2 personal email addresses as they bounce back. They have cut off all forms of comunication with me. I wonder if I have been terminated? I need an attorney to help me please. this is creating a tremendous amount of stress for me as I am supposed to be recovering. Is this harassment? Is this unlawful termination?


Asked on 8/20/15, 1:09 pm

1 Answer from Attorneys
David Sarnoff Sarnoff + Sarnoff

From what you have written, you may very well have a claim for discrimination, harassment, and/or retaliation for multiple reasons. First, it could be retaliation for filing the sexual harassment complaint in the first place, which is unlawful pursuant to California's Fair Employment and Housing Act, also known as FEHA (California Government Code section 12940). You may also have claims for discrimination and retaliation based on a disability (your back injury) and your need/request for medical leave to recuperate. That may be a violation of the FEHA as well as the California Family Rights Act (the "CFRA"), which is California's version of the Family Medical Leave Act. You should speak with an employment lawyer soon to get a more thorough explanation of you rights and possible claims. Our office would be happy to speak with you. You can visit our website at www.sarnofflaw.com to give us your contact information, and we will get back to you. Or you can call us at (877) 877-2545.

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Answered on 8/20/15, 2:17 pm


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