Legal Question in Employment Law in California

Sexual Harassment or Wrongful Termination?

My husband is a Union construction worker. He was terminated yesterday for sexual harassment. A group of guys were making sexual jokes and comments to one another (I beleive homosexual). All were involved. When leaving the job one man put out his hand out to give another a low five. The other man receiving did not put his hand out and his hand ended up brushing his leg. The man cried sexual harassment to the foreman. The next day only my husband and the man who touched the other were terminated. I say again the one who said he was sexually harassed was also involved with the jokes. My husband and the other that was terminated are car pooling. The foreman on the job had told them the day before that their would be a lay off and that them two were going to stay. The man whos hand brushed the others has had a personality conflict with the foreman. Thank you for any responses.


Asked on 1/24/03, 5:55 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Sexual Harassment or Wrongful Termination?

Your husband must insist that his Union file a grievance against the employer. They may give him a hard time but he should not take no for an answer. The reasons why an employer may terminate and any requirement that a good faith investigation be conducted will be dictated by the terms of the collective bargaining agreement.

As far as the individuals involved in getting your husband fired, he could sue them for defamation for making a slanderous statement against him.

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Answered on 1/29/03, 12:10 pm


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