Legal Question in Employment Law in California
Am I too late to take action against a past employer?
I worked for a co, directly under the owners (a couple) from 02-05. During which I was subjected to multiple occasions of inappropriate behavior; on a business trip I was forced to share a room with the owners, who proceeded to have sex in the bed next to mine (I was on the trip for business purposes) & then bragging about having sex next to me the next morning, one of the owners doing cocaine in front of me while on a business trip, the other owner (the wife) grabbing my breasts, the husband would refer to his genitalia as his ''hebrew salami'' in front of me, and IM me inappropriate things thinking he was funny, as well as having 2 coworkers both admit to me (separately) that the wife had offered one of them money to try and ''hook up'' with me because she did not like my husband & thought she could end my marriage by trying to set up a situation where infidelity would take place, and asked the second coworker to encourage this to happen. I have medical records showing I was being made physically ill from the stress and told if i did not return to work I'd be quitting (even with Dr.'s orders). I finally quit because I couldn't handle the stress. Now I have found out they're giving me a bad reference. Is it too late to do something?
3 Answers from Attorneys
Re: Am I too late to take action against a past employer?
In addition to sexual harassment, you may have a worker's compensation case for your stress. Call us at 213.388.7070 for a free consultation.
Re: Am I too late to take action against a past employer?
When did your employment end? When was the last date you suffered sexual harassment? Generally speaking, you have one year to file a complaint with the California Department of Fair Employment and Housing from the last act of harassment, and up to 2 years to file a lawsuit, but I would need further information to advise you more specifically. Feel free to contact me should you require further assistance.
Re: Am I too late to take action against a past employer?
You have one year from any act if discrimination to bring your claim, and you must file with DFEH or EEOC within that time limit. If it has been more than a year since you left employment, you're probably too late. If it's been less than a year, then the next question is whether you have evidence to support your allegations. Sounds like you do. If serious about taking action on this, as you should, feel free to contact me for the help you'll need. I've been doing these cases for over 20 years.
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