Legal Question in Employment Law in California
Termination following Harrasment complaint
I was terminated following notifying my employer of being threatened and attacked by a fellow manager. This complaint was made to head office who failed to do anything. three months afer the initial attack, my employer called me into the office and stated that they were terminating my employment on the grounds that I had made an offensive comment to my friend (whom did not complain). I believe this was an excuse because they wanted to end my employment due to my complaining of their inaction over the threat. What recourse in law do i have?
1 Answer from Attorneys
Re: Termination following Harrasment complaint
You would have to overcome their defense, the grounds they gave for firing. I suspect that your 'friend' did complain, but is afraid or embarrassed to tell you. You seem to imply that the comment was made, so someone else could have reported it. Even if you could prove no complaint was made, or no comment was made, you probably still only have an 'unfair' firing, not an illegal one; meaning your recovery would be limited to lost income. Therefore, those cases are usually not worth pursuing.