Legal Question in Employment Law in California

Threatening harassing email in the workplace

I accidently received an email from another employee (higher then me) that was about me. In the email there was a comment like ''I have a strict code prohibiting violence against women, so you MUST open a can of whoop !@# on her! Then a few more choice deflemating comments. I confronted the employee with the fact that I had received it, and and he admitted it was indeed about me, and that he had sent it. I went to the site director who called the HR manager and they both, after reading the email, advised me they would talk to the sender.

I went to work the next business day, only to find the sender following me around the building everywhere I went. I went to HR to complain, and they sent me home!

What type of discipline would be customary for this type of issue? Does it fall under sexual harassment, discrimination or workplace violence? Possibly all 3?

I have been advised the sender was spoken to and that I was expected to work with him. I advised I could not do that, and HR asked me if I would do so if I had no involvement with him. I advised that too was impossible as we worked in the same department.

Any advice would be greatly appreciated...


Asked on 9/09/02, 5:37 pm

3 Answers from Attorneys
Amy Ghosh Law Offices of Amy Ghosh

Re: Threatening harassing email in the workplace

Since job situation is pretty tough these days, it will be wise for you to get along !!!How long have you been working for them, in what capacity?Need more info about the employer!!!

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Answered on 9/09/02, 8:58 pm

Re: Threatening harassing email in the workplace

-Although it is unlawful to retaliate against you for reporting conduct you believe to be sexual harassment, the employer may escape liability if it demonstrates that it remedied the problem. Therefore, the best course of action might be to continue working and keep your eyes and ears open to possible retaliation. It is extremely difficult to win a case for constructive termination.

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Answered on 9/10/02, 11:16 am
Terry A. Nelson Nelson & Lawless

Re: Threatening harassing email in the workplace

An employer is obligated to investigate and remedy sexually harassing conduct, and may not penalize or retaliate against the victim by forcing them away from normal routine and duties. You should retain competent counsel for advice.

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Answered on 9/10/02, 1:57 pm


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