Legal Question in Employment Law in California

Retaliatory Workplace Harassment

I reported an act of physical abuse perpetrated by my supervisor against one of my co-workers to upper management, and to the company's owner. Since, I have been the target of an aggressive harassment. Management's collective motive is to get me to leave on my own. I had to leave work last week because my out of control supervisor began shouting at me. Staying silent caused my blood pressure to rise to a dangerously high level; and I have been off work since 12/31/02. I have documentation and (face to face)recorded conversations that support my claim of harassment. But I don't know what my next move should be. Should I file a claim with the EEOC, and possibly put some of my co-workers in an uncomfortable spot? Or should I sit down with an attorney to review my situation? If the later is suggested, what are the financial conditions and requirements in a situation like mine? Please advise. Thank You.


Asked on 1/07/03, 1:10 pm

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Retaliatory Workplace Harassment

Retaliation is illegal, and you should not let this go uncorrected, otherwise others will suffer the same fate. You have described a clear case that could and should be pursued. You should file a Claim with the DFEH/EEOC, and then your lawsuit, with the assistance of counsel. Contact me if interested.

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Answered on 1/15/03, 2:01 pm
Frederick Choi Law Offices of Frederick H. Choi

Re: Retaliatory Workplace Harassment

It appears that you may have a potential claim against your former employer. Your best bet is to consult with an attorney in your area and they will provide you with the appropriate advise. I would not recommend filing a complaint with the EEOC until you have spoken with an attorney. If you are in the area, please contact our office for further consultation.

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Answered on 1/14/03, 4:37 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Retaliatory Workplace Harassment

You have to go to EEOC/DFEHA anyway...to get a right to sue letter from them before you can file your lawsuit. But it takes sometimes about a month or so to get appointments from them..depending on where in CA you live in. In the mean time you should talk to your attorney. To evaluate a case such as yours, I need to know...length of your employment, size of your company, your salary, your pastwork performances, any witnesses, etc. Take a look at my site at www.lawyers.com/amyghosh

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Answered on 1/14/03, 9:50 pm


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