Legal Question in Employment Law in California

Workplace Harassment

am being harassed by a contract employee, which has caused me significant amount of distress. She has been bullying me and making the workplace an uncomfortable hostile environment. My first confrontation with her happened in March into my 2nd wk upon returning from FMLA. She was verbally abusive and became physically domineering. It had affected my recovery process and I had to see my doctor for bleeding and possible stroke/heart attack symptoms. Currently, it is to the point where my doctor prescribed time off and I am not being compensated because I used all my leave from my previous FMLA. Furthermore, the company is taking a passive role in resolving the situation. I feel like the situation is not being handled appropriately because my boss lacks experience and even previously threatened that my position was in jeopardy when I had my previous medical leave. She informed me that she needed and didn't want to lose the freelancer. I feel like I have no choice, but to leave the company, but I do not think it is not fair that my livelihood should be affected in such manner.


Asked on 6/19/08, 1:36 pm

3 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Workplace Harassment

You may sue for constructive wrongful termination. Contact me directly.

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Answered on 6/19/08, 2:27 pm
Arkady Itkin Law Office of Arkady Itkin

Re: Workplace Harassment

It is possible that you have a legitimate claim for hostile work environment harassment, and if you quit because being at work is unbearable, you may have an action for constructive discharge. More facts are necessary in order to determine whether you have a strong claim. I am in your area, so if you would like to discuss this further, feel free to contact me.

Thank you.

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Answered on 6/19/08, 3:22 pm
Beth W. Mora Cooper & Mora

Re: Workplace Harassment

I am so sorry to hear what has happend in your situation. There are several issues that should be addressed. Please feel free to contact our office for a consultation.

Kay Tuazon, Esq.

www.cooperlawoffice.com

Cooper & Mora

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Answered on 6/19/08, 5:49 pm


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