Legal Question in Sexual Harassment in California

Do I have a case?

I was working at a bar for a short period of time as a waitress. when hired I was promised Sunday Football shifts. During training the owner of the bar asked me about my personal dating life as well as asking me out although he made it clear he does not have commited relationships. He said that he wanted to get me drunk and take me home.. I avoided saying yes or no and made it clear I was dating someone. He then made a few more comments about going out and getting me drunk.. When I refused my schedule changed and the shifts I should have been getting was given to new hires. I missed a shift due to a schedule confusion and promptly apologized only to be sternly yelled at in front of a new employee. The next day I worked for one hour and then was pulled aside by his assistant and told that he wanted to let me go however I could change that if I apologized to him in the office yet once again. I chose not to do so and left promptly. When speaking to some old employees they were not surpised that I thought it was due to rejecting his offers.. Do I have a case?


Asked on 9/10/08, 8:17 am

4 Answers from Attorneys
David Lupoff Law Offices of David B. Lupoff

Re: Do I have a case?

Based upon the facts in your question, you may have a case. If you would like to discuss this further, please feel free to contact my office at 818.385.0520.

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Answered on 9/10/08, 11:48 pm
Arkady Itkin Law Office of Arkady Itkin

Re: Do I have a case?

Hello, and I am sorry about your experience at work. It's quite likely that you have a legitimate quid quo pro sexual harassment claim (it's unlawful to condition an employee's employment on sexual favors as I am sure you know).

If you would like to discuss this further, please feel free to contact me.

Thanks,

Arkady Itkin

California Employment Lawyer

San Francisco/Sacramento/San Jose

http://www.sanfranciscoemploymentlawfirm.com

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Answered on 9/11/08, 2:35 am
Bryan C. Becker Your Lawyer for Life.

Re: Do I have a case?

As has been pointed out, your description of the situation sounds as though it was �quid pro quo� harassment. Quid pro qou harassment occurs when any employee offers any job benefit, or threatens any job detriment, in exchange for sexual favors. In lay terms, this means that any time an employee promises, either expressly or impliedly, that career advancement may be linked to dating or sex, the law has been violated.

However, unless the harasser is a supervisory employee (and it sounds like he is), the Company would not be liable unless it knew of the harassment, or should have known. As a practical matter, you may show that the Company knew or should have known of the harassment by demonstrating that it was so pervasive, i.e., frequent, that the company had to know. You may also establish the company�s knowledge by showing that the harasser had committed similar offenses previously.

Certainly, if you or any other employee had previously complained to any supervisor, the company would be held responsible.

If you would like to speak to me further about your situation, please do not hesitate to contact me.

Thanks,

Bryan

619.800.4929

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Answered on 9/11/08, 2:03 pm
James Obecian law office san diego

Re: Do I have a case?

Yes. Contact me directly.

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Answered on 9/12/08, 6:22 pm


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