Legal Question in Employment Law in California
Harrassment Report
For the past year I have experienced bullying and berating comments each time I make a contribution in meetings that this particular individual is the leader of. To the point where after this last occurance on 10/25/06 I feel that I can no longer contribute without being berated. This individual is an SVP and I am a director. He also uses terms such as 'tits to the wall' and 'balls to the wall' that i feel are very offensive. I would like to advise HR of this but am fearful of being earmarked for a layoff since our company appears to be heading in that direction. Under the direction of this individual and HR approval(in 2005), and against my will, i was forced to lay off an individual instead of fire her. I felt it was wrong to call it a lay off. Now I am concerned they will do the same thing to me if I speak up. I appreciate any advice!
Thank you.
3 Answers from Attorneys
Re: Harrassment Report
Note that this is a public board -- advice written here, can, at a later date, be obtained in a lawsuit. (It's happened to me. . . )
You are well-advised to talk to a lawyer on how best to deal with this. . . I don't think it's a good idea to write that specific advice here. Feel free to communicate by private email. . .
Of course, your boss' comments are unacceptable, you should not be subjected to them, you should not have to fear being fired for objecting to them. . .
Re: Harrassment Report
Your supervisor has violated the law. If you are laid off without any record of complaining you may have almost no recourse. If you advise HR then at least you have a viable retaliation claim if you are laid off. Furthermore, the HR procedures for handling such complaints exist because sometimes they actually work. They should be thought of as more than just �lawsuit documentation�. Speaking with your HR director could just help you solve the problem and make your department a better place to work. If we can be of assistance to you please do not hesitate to contact us. Good Luck.
Re: Harrassment Report
Once you decide to actually take action despite your stated concerns and fears, then feel free to contact me to discuss your rights and remedies. You may have a discrimination and hostile environment claim.
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