Legal Question in Employment Law in California

A male employee "verbally" assaulted and abused a female employee, which was witnessed by the female supervisor. The male employee began to use all kinds of profanity. Called the female employee M'fers, bitches, asses and others things. Female employee did not retaliate against male employee. Supervisor let the male employee decide on his own to go home for the rest of the day. Female employee is no longer with the firm. Male employee is allowed to return to work. What recourse does the former employee have.

Asked on 11/23/12, 3:23 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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Harassment, verbal and physical abuse is actionable in WCAB, and assault and battery is also actionable in a civil suit against the employee.

IF the conduct could be shown to be "sexual discrimination and harassment" as defined by the law, then that cause of action could also be filed in the civil case against the employer., which is a more valued case than one against an employee.

Yes, the language does make it appear this falls under 'discrimination'.

If you made a complaint to the company of 'sexual harassment', the company is obligated to investigate and take appropriate disciplinary action if they determine it to be true or even likely.

If serious about pursuing the discrimination claim, feel free to contact me for the legal help you'll need.

Answered on 11/23/12, 3:44 pm

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