Legal Question in Employment Law in California
i currently work at a casino in CA. There is a guest that has been harassing me for 10 months now. In Nov 09 I filed a complaint with my company and all they did was kick out the guest for 5 days and have allowed him back.(my HR dept) Since them, fellow co workers have heard the guest make sexual remarks about me and he has continually made me uncomfortable with how he looks at me and what he says. a week ago he said to me "f u adolf hitler' and when i told him that wouldn't be tolerated he said' go ahead and do something you f'in b*&(h. I reported it to my manger and he doesn't believe me. he wont do anything and flat out told me that the guest is' a nice guy, i like him' and told me i cant let him get under my skin. i cant sleep, i am overly stressed and crying. if i quit, can i qualify for unemployment
3 Answers from Attorneys
Discuss it again with your manager or someone senior to him if you feel there is no chance for your manager to reconsider his position. Tell them about all the stress and how it effects you, and why should you lie? Point out that if the guest is not banned then you may not be able to work
You should contact an employment attorney immediately. Depending on whether the guest�s conduct is severe or pervasive (which it sounds like it is), this could be unlawful sexual harassment, and your employer has a legal obligation to put a stop to it. You should make another WRITTEN complaint to HR about this (and keep a copy). List all the ways that this person has harassed you, and make it clear to the company that you are complaining about sexual harassment and asking the company to put a stop to it. Please feel free to contact our office for a free consultation at (213) 536-4236.
You don't need to quit, you need to sue. I agree that a written complaint is important.. If that does not get results, sue. Employers not only have to protect employees from sexual harassment by other employees, they have to protect you from customers and anyone else permitted to be present at the place of work.
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