Legal Question in Employment Law in California

Hostile work environment/discrimmination

I have worked for uc davis for 25 years with 25 years of exemplary evaluations. One year ago, a person was hired as senior editor, I am an editor. He is not my supervisor, but collaborator. Almost immediately there were problems, asking my daughter out, getting angry at me when she declined and taking all my work away from me. For a solid year I wrote and met with his supervisor as well as mine to no avail. I filed a workmans comp claim after walking out of my job april of 2008. After months of psychological reviews thru Workmans Comp, they agreed that this individual caused my problem and that if I have any contact with him it is like post tramatic stress. To this day, I am on leave and he is free to do whatever he wants. I'm continuing to be harassed by my employer even being off work. I have filed grievances, but the University has stalled those. I am meeting with DFEH in early September. Since the workmans comp judgement the university is more willing to find me another job, but not to do anything to this gentleman. Do I have a lawsuit with the university for not protecting me from this individual? I am 52, he is 33 (and hates his mother as he told me)


Asked on 8/31/08, 1:03 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Hostile work environment/discrimmination

You are probably in a Collective Bargaining Agreement, or civil service type position, which determines all your rights and remedies. If not, you were an 'at will' employee anyway. You should have consulted with counsel in the beginning, not after you've made decisions and taken action. You can't 'uncook the apple' of quitting now.

Now, IF you have evidence and proof that this was somehow due to age discrimination [your speculation doesn't count], or some kind of 'retaliation' for opposing sexual harassment, you may have a claim, but if you don't timely file your DFEH claim, it too will be gone.

Read more
Answered on 9/02/08, 6:26 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California