Legal Question in Employment Law in California
Sexual Harassment and Retaliation
Demember 1999 I filed a sex harras report with HR on my newly appointed boss and he was demoted from being my manager.
January 2001 the VP of the company appointed me as the Director of our group and was filing the necessary paperwork with HR. I was told by the VP he could not place me in this role (2 days later) because I could not have the person I filed the report against report to me (HR stated it was my experience not because of the person), however, my VP told me different.
I received a substantial raise and entered into what I thought was a promotion. About 5 months later he was let go/resigned and about 2 months following we had a layoff (July 2001) and my position was eliminated, however, other like positions in the other States were not and HR stated my position title never actually changed with my salary increase. I found out recently (September 2001) from my previous boss HR would not let the promotion go through because of this person.
I feel if I was allowed to move into the position my position was still be in tact or I would receive the same severance package this level position would be entitled to...
Was this retaliation?
1 Answer from Attorneys
Re: Sexual Harassment and Retaliation
Thanks for your posting, and I apologize for the delay. I think that the possibility of retaliation may exist in your case. The key issue in such cases, however, is proving a connection between the action against you and the complaint or report you filed.
Although employment in California is at will, employers still have to deal fairly and in good faith with you.
If you are interested, I'd like to get more information and see if I can help you. You can give me all the details via phone at 1-877-568-2977 or email at [email protected]. Thanks.
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