Legal Question in Sexual Harassment in California
The attorney I worked for ''slipped me the tongue!''
I worked for a very successful but strange attorney. The magazine pages in our waiting room were stuck together because he would lick the pages with pretty girls on them. Daily, he would refer to me as ''polack'', and often times he would have me in tears because of his mean and disparaging remarks.
I was reluctant to walk down our hallway alone, because on occassion he would jump out from behind a door with a cardboard tube and suddenly I became the ''human baseball.'' Our clients would sometimes ask what was going on, because they could hear shrieks and the pitter patter of running feet down the hallway on the other side of the wall. On Christmas, the attorney was wearing a plastic costume over his suit which was formed in the shape of a woman's chest, and topped it off with a santa's hat. He wished us all a merry Christmas by giving us each a hug and a small kiss, however, when he got to me he actually ''slipped me the tongue.'' I know this all may sound unbelievable, but it really did happen. Do I have a claim for sexual harrassment? Can I still recover any damages if the attorney has since passed away? He had diabetes.
3 Answers from Attorneys
Re: The attorney I worked for ''slipped me the tongue!''
You win the prize for funniest and most outrageous LawGuru question, ever, and you had lots of competition.
Obviously this was sexual harassment, but your case might have a number of drawbacks. Since the guy is dead, shorter time limits apply, and you would have to sue his estate if he had one. If his heirs didn't open a probate case, your attorney would have to go to the trouble and expense of opening one before he or she could file the lawsuit. Then, assuming you win your case, and as you know, you would have to find money or assets from which your judgment could be recovered. Good luck!
Re: The attorney I worked for ''slipped me the tongue!''
Yes, you have a case, if you can prove what you say. You have a year from the most recent incident, or from your last day at work, to bring a claim. If he's dead, the claim is against his estate. If he has nothing, that is what you'll get. Feel free to contact me if serious about pursuing this, if it is still timely.
Re: The attorney I worked for ''slipped me the tongue!''
This is an unusual set of circumstances. From the facts that you provided, you do have a case although suing a dead defendant does make your claim more difficult. If you would like to discuss this further, please do not hesitate to contact me at 818.385.0520.
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