Legal Question in Employment Law in California

Wrongful discharge. sexual harasment, and back pay

The rest. I worked @ switched owners & rethemed. W/ the switch I was promoted to ass. manager, & agreed to an hourly wage of $9.65. The first two weeks I worked 70 hours/wk trying to get the rest. off the ground. The 3 new owners began hitting on me to no end from the start , I would give my best friend a kiss goodbye & 1 of them would follow me around asking ''where's mine?'' Due to understaffing the rest. was failing quickly & they refused to listen to any of the things that we needed in order to stay in business. I finally put my foot down & started demanding that key elements be in place before we opened for service. That weekend things went perfectly. The next tuesday I am told that I was being demoted back to head server. Friday, after going without pay for a month, they hand me a check of $240 for the 140 hours of work I had invested in the store. Without any discussion I was on salary. When 1 of the owners walked up to me & said ''Lucy I'm homo, give me a kiss'' I raised my voice saying ''for the next two weeks unless its about business, don't talk to me'' effectivly giving my 2 weeks. I was fired that night after service for ''giving bad service''. I was the only server & manager to never have a table walk. Do I have a case?


Asked on 4/30/05, 6:07 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Wrongful discharge. sexual harasment, and back pay

You should make a wage claim through the Labor Commissioner for OT and other amounts due.

As to the sexual harassment, if you have witnesses to prove your allegations, then you have grounds for that case. If you pursue it, you can join the wage claims in one action. Contact me if interested in pursuing your claims.

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Answered on 5/05/05, 3:48 pm


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