Legal Question in Employment Law in California

I work in a retail style store. A girl was hired, I never really talked to her or anything at first. The store manager made inappropriate comments about her to me and other employees. She found out and confronted him but basically let it go. We started hanging out not too long after and about a month ago we began seeing each other (boyfriend & girlfriend). The store manager found out and did not like this and began giving her points towards termination any chance he could. He is normally very lenient about the points with everyone. She recognized this and called human resources and explained everything. The store manager in retaliation went ahead and told human resources that we are dating. Human resources is now telling us one of us must transfer and it is literally not listed anywhere in the employee rulebook/handbook. Neither of us want to transfer to another store.


Asked on 1/26/10, 10:55 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If the company fails to respond appropriately to sexual harassment complaints, she may have a legal claim for sexual harassment, retaliation, and hostile environment under the Civil Rights laws, if she can show this is somehow related to his advances and comments being rebuffed, or to her complaints about it. At the least, she needs to request appropriate treatment from HR and an investigation. If she is serious about pursuing this and believes she has grounds for a legal action, have her contact me.

As to you, in general, unless you are in a union or have a written employment contract, you are an 'at will' employee that can be disciplined or fired any time for any reason, other than illegal discrimination under the Civil Rights, or Whistle-blower, or similar statutes. You might be in a conflicting situation, subject to 'at will' termination or corrective action for 'fraternizing', while at the same time possibly protected as a witness or participant in a sexual harassment claim. There is no clear answer, and your situation should be 'negotiated' with the employer to try to avoid adverse action. If you want legal help doing so, feel free to contact me.

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Answered on 2/01/10, 12:56 pm


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