Legal Question in Employment Law in California
Sexual Assault by Co-Worker
A woman that I work with was sexually assaulted by a man that we work with, outside of work. She told our boss about the situation and he said, ''Since it did not happen during company hours or at work, his hands were tied and nothing could be done.''
Is there a Califonia law that states otherwise? It does not seem right that a co-worker can do something that heinous to another person/co-worker and have no repercussions in the work place. Could this man be fired for his actions - toward another co-worker - outside of the work place? Can something be done?
5 Answers from Attorneys
Re: Sexual Assault by Co-Worker
The victim has many recourses civilly, criminally, and perhaps a worker's compensation cliam as well. The employer may be joined. Have her contact me.
Re: Sexual Assault by Co-Worker
Your boss is incorrect. What occurred may give rise to criminal and civil liability both against the person who committed the assault, and against your employer if he does nothing to mitigate the damage or secure your co-workers safety. Please feel free to call or email if you wish to discuss this further.
Re: Sexual Assault by Co-Worker
BECAUSE THE EMPLOYER HAS KNOWLEDGE OF THIS SEXUAL ASSAULT BY A CO-WORKER (WHICH IS CONSIDEREDE TO BE A HOSTILE ENVIRONMENT), THEY HAVE A DUTY TO PROTECT THIS EMPLOYEE FROM ANY FURTHER HARM. IN ADDITION TO A CIVIL LAWSUIT, BY THIS EMPLOYEE, YOUR COWORKER MAY FILE A WORKER'S COMPENSATION CLAIM AND APPLICATION AS WELL. IF YOUR COWORKER IS NOT REPRESENTED BY AN ATTORNEY, PLEASE DIRECT HER TO CONTACT MY OFFICE AT 213.388.7070 TO DISCUSS HER CASE FURTHER.
Re: Sexual Assault by Co-Worker
In addition to the other comments responsive to your question, your friend should ask the employer to obtain a restraining order against the assailant and if they refuse to do so, she should get one herself, keeping him a certain distance away from her, which, in effect will probably caused him to be fired.
Re: Sexual Assault by Co-Worker
Unless the conduct was in some way related to his work, on company business, etc., then the company can't be forced to fire him for that, but he is still an 'at will' employee in CA, and can be terminated if the company wants to. If she wants to sue the person, she can. She has a right to demand the company prevent him from creating a 'sexually hostile environment' for her. That could readily mean they should remove him from any contact with her. She has rights and remedies. Have her contact me if interested in doing it right.
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