Legal Question in Employment Law in California
workplace violence/retaliation from boss
Was victim of workplace violence (threats/aggression). This person was charged before with civil harassment from previous employer. It involved verbal threats, profanity, wording regarding Iraq war and I have a Middle Eastern spouse. I reported it and shortly after formal complaint (within hrs) retaliation began. I reported that to HR and to DFEH. Got a right to sue (B) letter. FBI called in. Conditions at work became more hostile from manager. I continued to report this. Was retaliated against again, by manager; this time switching my schedule, costing me my second job, causing child care problems, and costing me loss in shift differential for this job. This doesn't even cover the emotional hell the boss has caused me. no schedule change for the perpetrator. Now i am in more direct contact with him also, after stating I was afraid to work with him further. Was told other worker counseled and put on corrective action, but boss denies this and said my claim has no merit, eventhough another coworker was attacked at same time, by this same worker and who has quit since, due to this issue. Any advice without costing me a big retainer fee? or more than 35%. I am losing money left and right from salary loss and have none to spare.
3 Answers from Attorneys
Re: workplace violence/retaliation from boss
If you have received your right to sue letter from the DFEH, then you can proceed to file a civil lawsuit for discrimination, wrongful termination (if you are fired) or if you are forced to leave due to the hostile work environment. You will be best off using the services of an attorney. If you are in the area and would like further consultation, please do not hestiate to contact my office.
Re: workplace violence/retaliation from boss
Thank you for your inquiry.
I can't echo the sentiments of the two other counsel that have responded enough. You have a finding from the government that your case has merit, and you should find an attorney to pursue your claim, and stop the harassment, especially when it involves physical violence, as you've stated. You do have a case here, and should pursue it further.
I hope that this answer helps, but if you have other questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I'm happy to help in any way that I can.
Re: workplace violence/retaliation from boss
With right to sue letter, DFEH is done, so you must hire counsel to timely file. If you are local to So Cal, you can contact me to discuss facts of case and terms of necessary retainer.
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