Legal Question in Employment Law in California

I told my manager about the conduct of my supervisor towards me.Approximately 2 weeks later HR began an investigation alleging I harassed my supervisor.If legal action is taken will a complaint filed with HR outweigh telling a manager in the eyes of the court?


Asked on 6/19/11, 1:26 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

The company's investigation of your conduct, and not of the supervisor's conduct, might be viewed by triers of fact as retaliation. Whether you have legal issues to bring suit, though, depends on the nature of the supervisor's conduct toward you. If it was sexual harassment, then that's actionable in court. If the supervisor was just being a real jerk and was yelling at you, that's not actionable in court. More facts are needed. Feel free to provide me directly by e-mail with clarification of that issue. Thanks for your inquiry through LawGuru.

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Answered on 6/22/11, 12:34 pm


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